Ahluwalia, J. -- 1. This Second Appeal under section 100 of Civil Procedure Code, has been filed against the judgment and decree dated 11.7.2003 passed by VIIth A.D.J., Gwalior in Civil Appeal No. 29A/2002 reversing the judgment and decree dated 2.8.2002 passed by IVth Civil Judge, Class II, Gwalior in Civil Suit No. 126A/1998.

2. This appeal has been filed by the tenant. The appeal was admitted on the following Substantial Questions of Law :

“(i) Whether the deposit of the arrears of rent by the defendant (served with the summons on 27-2-97) on 1-4-97 will be deemed to be in compliance of section 13(1) of the M.P. Accommodation Control Act on account of non-acceptance of rent by the C.C.D. section on 29th,30th, and 31st March, 97 due to closure?

(ii) Whether the discretion exercised by the learned trial Judge in condoning the delay has been illegally interfered with by the learned Lower appellate Judge?

(iii) Whether the accompanying application under section 13(1) of the M.P. Accommodation Control Act deserves to be allowed in the peculiar facts and circumstances of the case and consequently the delay caused in the initial deposit is liable to be condoned?

3. The r