GUPTA J—This revision application has been preferred against the order passed by the learned District Judge, Jodhpur dated May 28, 1977. In a suit for ejecment interlia on the ground of default in payment of rent and for recovery of arears of rent, the trial court passed an order under sec. 13(3) of the Rajasthan Premises (Control of Rent and Eviction) Act, 1950 (hereinafter referred to as the Act) The over-due rent together with interest, as calculated by the trial court, was deposited by the defendant-tenant within the time allowed. However, the rent for the month of August, 1976 which was payable upto September 15, 1976 was not paid or deposited by the defendant tenant within the aforesaid time but the same was deposited by him in the trial court on September 17, 1976 and thus there was a delay of two days in making the deposit under sec. 13(4) of the Act. The defendant tenant filed an application on December 16, 1976 praying that the delay of two days in making the deposit of rent for the month of August 1976 be condoned. The trial court by its order dated January 4, 1976 rejected the application of the defendant for extent ion of time in making the deposit of rent for the mont

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