1. Jagat Ram has approached this Court under section 15 of the East Punjab Urban Rent Restriction Act No. 3 of 1949 in the following circumstances.

Shri Shanti Sarup, respondent in this Court, applied for ejectment of Jagat Ram from the Premises in question on the following grounds: (1) That he had not paid the rent for five months due from 3-10-1962;

(2) that he had sublet the property;

(3) that he had converted the user of the leased premises; and

(4) that the property had become unsafe for human habitation.

Jagat Ram was served for 7-2-1963 but he did not tender the arrears of rent along with interest on that day but complained to the Rent Controller that no copy of the application had been served on him along with the summonses. The case was accordingly adjourned to 9-2-1963 for filing the written statement. On 9-2-1963, the tenant did not appear with the result that ex parte proceedings were taken against him. The tenant later applied, for setting aside the ex parte proceedings were set aside on 5-3-1963. On the last mentioned date the tenant also tendered arrears of rent along with interest and costs. Shri Shanti Sarup declined to accept the arrears on the ground that