JUDGMENT :- On a difference of opinion between R.L. Gulati and H.N.

Seth, JJ., the following question has been referred to me for opinion by the Acting Chief Justice :-

"Whether on the facts and in the circumstances of the case the defendant-respondent could be said to have committed a default in payment of arrears of the decretal amount amounting to Rs. 89.75 for purposes of Section 3 of the Rent Control and Eviction Act?"

2. The material facts to bring about the question referred to me are as follows :

3. Munna Lal, defendant-respondent, was a tenant of a portion of premises No. 105/336, Chamanganj, Kanpur, at a monthly rent of Rs. 5/-. This house is owned by Bhikha Lal and others, plaintiff-appellants. It appears that the tenant fell in arrears. The landlords, therefore, filed a suit, which was, later on, numbered as Suit No. 570 of 1961, for ejectment and for recovery of the arrears of rent and damages for use and occupation, amounting to Rs. 89.75 P. The suit was decreed by the Munsif. The tenant went up in appeal before the District Judge. He also applied for the stay of the execution of the decree pending the disposal of the appeal. The District Judge granted an interim order s

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