Short Note : 1. It was not disputed that the only default On the part of the tenant was in relation to his failure in depositing the time-barred rent. The trial Judge in his judgment has referred to the dates of the different deposits of the amount of rent made by the tenant. These deposits and the fact that but for the failure to deposit the time-barred rent the tenant would get the protection from ejectment under section 13 (2), were not disputed. Held : In view of the opinion expressed by the two Benches of this Court the plaintiff-landlord would not be entitled to a decree for ejectment on the ground of failure to deposit the time-barred rent. In the present case the default on the part of the tenant was only in respect to the time barred rent. There is no controversy that so far as the other amount is concerned the tenant had deposited the same in time after the fixing of the provisional rent. That being so, the plaintiff landlord is not entitled to the decree for ejectment on the ground provided in section 12 (1) (a) of the Act and the tenant is protected from eviction on this ground. 1978 JLJ 6 (FB) and 1978 JLJ 326 (FB) relied on. Appeal dismissed.