This is a petition under section 6-B of Madras Act XXV of 1955 to revise the Order of the Revenue Court, Kumbakonam, in P.No. 1319 of 1963. The tenant is the petitioner. The landlord filed the application under section 3 (4) (a) of the Act for eviction of the tenant on the ground of arrears of rent. The Revenue Court ordered the tenant to pay the arrears by 30th January, 1964, and to report to the Court on 31st January, 1964. The tenant actually paid the arrears of rent on 31st January, 1964, and on objection taken by the landlord, the Revenue Court refused to excuse the delay of one day in the payment of arrears and ordered eviction. It appears that pursuant to the order of eviction the tenant has also been evicted.

The first question for consideration is whether the Revenue Court had the power to excuse the delay of one day in payment of the arrears of rent. It has now been held by a Bench of this Court that the Revenue Court could do so, even when the original order provided for eviction on failure to pay the rent in time and even if the application to excuse delay is filed after the expiry of the period. There have been cases where when the matter came up on revision bef