1. - In this civil second appeal the learned Single Judge has referred the following questions to the larger Bench:-

(1) Whether the law laid down in Sobhraj v. Bhanwarlal (AIR 1975 Rajasthan 196 = 1974 RLW P-251) is no longer a good law in view of the amendments introduced in Section 19-A of the Act by Rajasthan Act No. 14 of 1976 ?

(2) Whether in view of the sub-section (4) of Section 19 A of the Act, a tenant can (sic) not escape the liability from eviction on the ground of default in payment of rent under Section 13 of the Act, unless he fulfils requirements of Sub-section (3) of Section l)-A of the Act?

2. The above two questions arose for consideration in the following facts and circumstances.

3. The second appeal was filed by the plaintiff in a suit for eviction based on the ground of default in payment of rent under section 13 (1) (a) of the Rajasthan Premises ( Control of Rent and Eviction Act, 1950 (hereinafter referred to as the Act). The defendant respondent's case is that after acceptance of rent for the period from 1st April, 1977 to 31st of July 1977 a money order for Rs. 37.20 on account of rent for the period from 1st August, 1977 to 31st December, 1977 wa