1. Heard on admission.

2. This appeal is filed by the landlord against the judgment and decree dated 10.10.2006 passed by Eleventh Additional District Judge, Gwalior in Civil Appeal No. 29-A/06, whereby the learned Additional District Judge reversed the judgment and decree of the trial Court and dismissed the suit for ejectment filed under section 12 (1) (a) and (c) of the M.P. Accommodation Control Act, 1961.

3. Learned counsel for appellant has submitted that during the pendency of the suit, there was default in payment of rent by the defendant in the trial Court and, therefore, lower appellate Court has committed error in dismissing the suit of the plaintiff. It is not in dispute that notice for arrears of rent was issued vide Ex. P-3 dated 5.6.1998. The respondent/defendant received notice on 6.6.1998 and, thereafter, he deposited the rent vide Ex. D-48 upto the period May, 1998 on 10.6.1998. The suit was filed on 21.9.1999 and on the date of filing of the suit, there was no arrears of the rent. The respondent has tendered the entire arrears of rent legally recoverable from him within two months from the date of service of notice and the appellant has no cause of action to f