1. - The present second appeal has been filed by the defendant in a suit for arrears of rent and ejectment.

2. The plaintiff-respondent Poonam Chand, filed a suit on 27-3-1973 for arrears of rent amounting to Rs. 234/-, and eviction on the ground of default, denial of title and personal necessity. Notice was issued for appearance of the defendant for 11-5-1973. On 11-5-1973, the defendant moved an application under Section 13(4) of the Rajasthan Premises (Control of Rent & Eviction) Act, 1950, here in after referred to as the 'Act' submitting that the has not committed any default in payment of rent, and further that he used to go to the plaintiff for paying rent but the plaintiff used to avoid accepting rent, by money order which was also refused and further that he was willing to deposit arrears of rent upto date along with interest amounting to Rs. 310.25 for which necessary orders may be passed. The tender form was also submitted along with the application. The application was contested by filing reply but however, the court passed order on 11-5-1973 itself that the tenant may deposit rent, subject to objection, as a result thereof, the tenant deposited the sum of Rs. 3