1. The Petitioner is aggrieved by the order of learned trial Court by which it held that "the tender was short and this being so, the Court has no option but to struck (strike) off the defence of the defendant." A few facts may be noticed.

2. The plaintiff-respondent is the owner of the premises in dispute. He let out the premises to the petitioner vide rent note dated 30/04/1982 at the rent of Rs. 8500.00 per six months. The tenant was also liable to pay the house tax and the water charges. The respondent claims that he terminated the tenancy of the petitioner by a registered notice dated 22/02/1990. In spite of that, the premises were not vacated. Accordingly, the respondent filed asuit on 16/12/1991 for a decree for the eviction of the petitioner from the premises and for recovery of the arrears of rent, mesne profits and damages along with interest etc. It is stated that the respondent claimed an amount of Rs. 53,000 / -.

3. Notice of the suit was given to the petitioner who appeared in Court on 6/02/1992. He tendered an amount of Rs. 48,151.15. A sum of Rs. 38,250.00 was tendered on account of arrears of rent for the period from Nov. 1,198 9/01/1992. An amount of Rs. 3