Maher Singh, J.

1. The landlord, who is the petitioner in this revision application, succeeded before the Rent Controller in obtaining an order of eviction against the tenant-respondent on the ground that the latter had not paid full amount of interest payable under the proviso to clause (i) of sub-section (2) of Section 13 of the East Punjab Urban Rent Restriction Act, 1949 (East Punjab Act 3 of 1949), but before the Appellate Authority the tenant succeeded in his appeal, of which the result was the dismissal of the application of the landlord for eviction of the tenant.

2. The rent of the demised premises is Rs. 5.12 paise per mensum. The application for eviction was filed by the landlord on October 31, 1962. There has been no agreement between the parties fixing the date of payment of the rent. So according to clause (i) of sub-section (2) of Section 13 of the Act, the rent due for a month is payable by the tenant by the last date of the month next following. On the date of the application, on October 31, 1962, the rent for the month of October had not yet become due and definitely it was not yet payable by the tenant. With regard to the earlier month of September, the r