Short Note : This revision arises in a suit which has been instituted by the plaintiff applicant for arrears of rent and ejectment of the non-applicant. 2. The suit was filed on 8th September 1676. The arrears of rent claimed in the suit amounted to Rs. 180 for the period from January 1976 to March 1976. The summons was served on the defendant on 12th November 1976. The defendants deposited Rs. 60 as rent for January 1977 on 3rd January 1977 and are continuing to deposit monthly rent falling due after this date. The defendants prayed for extension of time for two months by an application made on 4th January 1977 for depositing the arrears of rent. This application came up for consideration before the Court on 28th March 1977. The Court granted 15 days' time for depositing all arrears of rent due upto December 1976 by the order passed on 28th March 1977. This order has been challenged in this revision. Held : The learned counsel for the plaintiff-applicant submits that ex-tension of time for depositing the arrears of rent under section 13(1) of the Madhya Pradesh Accommodation Control Act, 1961, could be granted only in respect of that rent which was due till the date of service of summons and that time cannot be extended for depositing the arrears of rent which became due after the summons was served. It has been held by this Court that an application for extension of time for making the deposit under the first part of section 13(1) of the Act can be made even after the expiry of one month [See proposition No.2(b) in Bachchoobhai v. Premanand, 1975 ILJ 682]. The deposit under the first part of section 13(1) has to be made for the period for which the tenant may have made default including the period subsequent thereto upto the end of the month previous to that in which the deposit or payment is made. Once time is extended under section 13(1) for making the deposit of arrears, the tenant need not make monthly deposits under the second part of the section till the expiry of the period granted by the Court for depositing the arrears. When the deposit of the arrears of rent is made within the extended period, it will cover all arrears up to the date of the deposit.
When the deposit of the arrears of rent is made within the extended period, it will cover all arrears up to the date of the deposit. The obligation for making monthly deposits by the 15th of each succeeding month arises after the deposit of arrears is made under the first part of the section. This is clear from word "thereafter" which is used immediately before the second part of section 13(1) begins. Once it is conceded that an application for extension of time for making the deposit under the first part of section 13(1) can be made even after the expiry of one month from the date of the service of summons, it logically follows that the Court can extend the time for making the deposit not only of the arrears of rent becoming due till the service of summons, but also of all arrears of rent falling due till the date of the application. The power to extend time for making the deposit of arrears remains in the Court until the second part of the section becomes operative. In my opinion, the contention of the learned counsel for the applicant that the Court could not extend the period for making the deposit of rent becoming due after the date of service of summons is not correct. Revision dismissed.