Both the lower Courts have held that during the pendency of an appeal against an order made by the Rent Controller for eviction as a result of nonpayment of rent, the appellate authority has no power to condone the non-payment by acceptance of rent. The proviso added to section 7, sub-section 2 of the Madras Buildings (Lease and Rent Control) Act states that when an application for eviction is made on the ground of the tenant’s default to pay rent in time, if the Controller is satisfied that the default to pay rent was not wilful, the Controller may give the tenant a reasonable time not exceeding 15 days to pay or tender the rent due by him to the landlord upto the date of such payment or tender. This shows that the Controller has got to explain for the non-payment of rent and thereby condone the temporary default on the part of the tenant. If such condonation is made, then, the application by the landlord will be dismissed.

Mr. K. Raman relies upon section 7-A introduced by Madras Act VIII of 1951 for the contention that this power vested in the Controller can be exercised also by the appellate Court in an appeal from the order of eviction made by the Controller. Thus his