( 1 ) THIS appeal has come up before us for disposal on a reference made by one of us. It arises out of a suit filed by the respondent Ramautar for the eviction of the appellant from a house situated in Katni.

( 2 ) THE eviction of the appellant was sought on the ground that the accommodation was required bona fide by the respondent-landlord for carrying out repairs which could not be carried out without the accommodation being vacated, and also on the ground that the appellant had neither paid nor tendered the whole of the arrears of rent due from her within two months of the date of service of a notice in that behalf. The learned Civil Judge, Second Class, Murwara, who tried the suit, found that the plaintiff had failed to make out the ground of bona fide requirement for repairs. He also found that the appellant had not paid or tendered the arrears of rent due from her in spite of a notice asking her to pay the amount within two months of the date of service of the notice. He, however, held that the plaintiff-respondent was not entitled to a decree for ejectment inasmuch as the appellant-tenant had deposited the rent amount due from her as required by Section 13 (1)