The maximum period for depositing arrears of rent under Section 13(4) of the Rajasthan Premises (Control of Rent and Eviction) Act, 1950 is three months and 15 days, including the initial period of 15 days. The trial court has the discretion to extend the time for making the deposit beyond the initial period allowed by the court's order, provided that the tenant shows sufficient cause for the delay.

1. - This revision application has been filed against the order passed by the learned District Judge, Alwar dated April 11, 1978 upholding the order passed by the Munsif, Alwar dated March 25, 1977, striking of the defence of the defendant -applicant.

2. The plaintiff opposite party filed a suit for ejectment on the ground of personal necessity and defaults in payment of rent. On March 25, 1977, the trial court passed an order under sub-section (3) of section 13 of the Rajasthan Premises (Control of Rent and Eviction) Act, 1950 ( hereinafter referred to as "the Act") determining the amount of arrears of rent to be deposited by the defendant -tenant in the court for to be paid to the landlord in respect of the period from December 1, 1974 to March 31, 1977 as Rs. 2950/-. The trial court by its aforesaid order directed the defendant tenant under sub-section (3) of section 13 of the Act to deposit the above mentioned amount within 90 days in the court for to pay the same to the landlord within such period. It is not in dispute that the period of 90 days expired on June 23, 1977, but at that time the court was closed on account of summer vacation. The tenant deposited the amount of rent determined under sub-section (3) of section 13 on July 7, 1977. As the said amount was not deposited within the time allowed by the court, the landlord plaintiff filed an application under sub-section (5) of section 13 of the Act stating that as the defendant -tenant failed to deposit for pay the amount of rent determined by the court within the time specified in the order dated March 25, 1977, the defence of the defendant against eviction should be struck off . Thereafter, on July 12, 1977, the tenant-defendant filed an application for condonation of delay under section 5 of the Limitation Act urging that the delay is making the deposit during the period from June 23, 1977 to July 7, 1977 should be condoned. The trial court relying upon the decisions of this Court in Sheikh Mohammed Ibrahim v. Ramnath, 1958 R.L.W. 138. and Hiralal v. Haribux,1975 R.C.J. 328, held that the court has no power to extend the time for making the deposit for to condone the delay and directed that defence of she defendant against eviction be struck of in accordance with the provisions of sub-section (5) of section 13 of the Act. In Hiralal's case, it was held that sub-section (4) of section 13 of the Act, as it then stood, did not contemplate extension of time by the Court and that condonation delay in making the deposit of the amount of rent directed to be paid by the court would have the effect of condoning the default of the tenant. On appeal, the leaned District Judge upheld the order passed by the trial court and held that section 5 of the Limitation Act was not applicable to the case and that the maximum period of three months, as provided by the provisions of sub-section (4) of section 13 of the Act, could not be extended by the court.

3. In this revision application, it was contended by the learned counsel for the petitioner that the provisions of sub-section (4) of section 13 of the Act allowed the tenant 15 days' time to deposit the amount determined by the court under sub-section (3) of section 13 and such time could be extended by the court for a further period not exceeding 3 months. Thus, according to the learned counsel, the maximum period, which the defendant tenant could be permitted to avail of for the purpose of depositing the amount of arrears of rent by the court, under sub-section (3) of section 13 of the Act, is three months and 15 days and it was argued that the decision of the first appellate court that the maximum period allowable under sub-section (4) of section 13 of the Act is only 3 months is erroneous. Sub-section (4) of section 13, which is relevant for the present purpose, runs as under :

"13(4). The tenant shall deposit in court for pay to the landlord the amount determined by the court under subsection (3) within fifteen days