Tenant can not be held default in making payment of rent.

There is no error of law apparent on the face of the order of the Appellate Tribunal, which directed eviction of the petitioner for default in payment of rent. The rent was payable daily and admittedly the petitioner did not pay or tender any rent after 29th August, 1949. As the rent was payable daily, the default would occur under section 7 of the Madras Buildings (Lease and Rent Control) Act, 1946, after the lapse of fifteen days in respect of every day’s rent. The only point pressed on us by petitioner’s learned counsel, is that, there was another application for fixation of fair rent and according to the rent fixed in that application the landlord would have with him sufficient money to discharge the arrears relating to the period of the alleged default. That may be so. But, that does not save the tenant from the consequence of the admitted default he has made. It is one thing to say that the tenant has a right to have the excess amount, on the basis of the fairent, adjusted towards the arrears; it is another thing to say that he can escape the consequences of not tendering or paying the rent on or before the date allowed under section 7 of the Act. This petition is therefore dismissed with costs.

V.S. ----- Petition dismissed.