YASHODA NANDAN, J. :- In a plaintiffs second appeal arising out of a suit for recovery of arrears of rent and for ejectment of the defendant-respondent, the following question has been referred, for consideration and answer, to this Full Bench :-

"Whether on the facts and in the circumstances of the case the tenant could be said to have committed a default under Section 3(1)(a) of the U.P. (Temporary) Control of Rent and Eviction Act in respect of the payment of Rs. 33 which he had sent to the landlord by money order well within time but which had reached the landlord after the expiry of 30 days ?"

2. The material facts giving rise to the reference are that Munna Lal, the defendant-respondent was a tenant of a portion of premises No. 105/336, Chamanganj, Kanpur at a monthly rent of Rs. 5. Appellants Bhikha Lal and others are owners of the said premises. The respondent fell in arrears of rent and consequently the appellant filed civil suit No. 570 of 1961 for his ejectment and for recovery of arrears of rent and damages for use and occupation amounting to a sum of Rs. 89.75 P. The suit for recovery of rent was ultimately decreed. The decretal amount and certain other amounts