Gokal Chand Mital, J.

1. The tenant was in arrears of rent from 1.1.1972 to 30th September, 1973 and the landlord filed an application for ejectment of the tenant on that ground. Another ground was taken that the tenant made material alteration which had impaired the value and utility of the premises. The tenant did not make any tender within time allowed by law and in the written statement took a plea that he had been allowed to repair the roof of the back room by an order passed in proceedings under Section 12 of the East Punjab Urban Rent Restriction Act, 1949 (hereinafter called `the Act), which prevailed at the time of filing of the ejectment petition and he was allowed to spend Rs. 1000/- for doing so, but he had actually spent Rs. 1961.17 and since the amount allowed under Section 12 of the Act was more than the arrears of rent, he was not liable to be ejected. The other ground was denied.

2. To start with the Rent Controller dismissed the application by order dated 27th February, 1976, but on landlords appeal, the eviction order was passed by order dated 26.4.1976 on the ground of non-payment of rent. The tenant went to the Financial Commissioner in revision which w