GUPTA J—This revision application has been preferred against the order passed by the learned District Judge, Jodhpur dated May 28, 1977. In a suit for ejecment interlia on the ground of default in payment of rent and for recovery of arears of rent, the trial court passed an order under sec. 13(3) of the Rajasthan Premises (Control of Rent and Eviction) Act, 1950 (hereinafter referred to as the Act) The over-due rent together with interest, as calculated by the trial court, was deposited by the defendant-tenant within the time allowed. However, the rent for the month of August, 1976 which was payable upto September 15, 1976 was not paid or deposited by the defendant tenant within the aforesaid time but the same was deposited by him in the trial court on September 17, 1976 and thus there was a delay of two days in making the deposit under sec. 13(4) of the Act. The defendant tenant filed an application on December 16, 1976 praying that the delay of two days in making the deposit of rent for the month of August 1976 be condoned. The trial court by its order dated January 4, 1976 rejected the application of the defendant for extent ion of time in making the deposit of rent for the month of August 1976 and consequently directed that the defence of the defendant-tenant in respect of eviction be struck off The defendant fied an appeal against the aforesaid order but the learned District Judge, Jodhpur by his order dated May 28, 1977 maintained the order passed by the trial court. Hence this revision application, 2. Sub-section (4) of section 13 of the Act was substituted by the Rajasthan Premises (Control of Rent and Eviction) (Amendment) Ordinance, 1975 (Rajasthan Ordinance No. 26 of 1975) which was published in the Rajasthan Gazette vide notification dated October 29, 1975 and which was subsequently replaced by the Rajasthan Premises (Control of Rent and Eviction) (Amend-ment) Act, 1976 (Amending Act No 14 of 1976). The amended provision of sub-section (4) of section 13, which are relevant for the purposes of this revision petition, are as under:— "(4) The tenant shall deposite in court or pay to the landlord the amount determined by the court under sub-section (3) within fifteen days from the date of such determination, or within such further time, not exceeding three months, as may be extended by the court. the tenant shall also continue to deposit in court or pay to the landlord, month by month the monthly rent subsequent to the period upto which determination has been made by the fifteenth of each succeeding month or within such further time not exceeding fifteen days, as may be extended by the court, at the monthly rate at which the rent was determined by the court under sub-section. (3)." prior to the enactment of the present provisions of sub section (4) of section 13, the tenant was bound to make payment of rent, during the pendency of the suit, month by month, by the 15th of the next succeeding month. But the present privisions of sub section (4) of section 13 vests a discretion in the court, to extend the time specified under that provision for depositing the monthly rent, by allo-wing the defendant to make payment or deposit the over-due rent within 15 days more after the expiry of 15 days from the end of the month, but no further. Thus according to the present provisions of sub-section (4) the tenant should ordinarily make the payment or deposit of rent, during the pendency of the suit, month by month within 15 days of the expiry of the month, but the Court has a discretion to enlarge such period by a further period not exceeding 15 days. This provision, which has been newly inserted, permitting the Court to extend the time for payment or deposit of rent month by month for a maximum period of 15 days, beyond the period of 15 days from the expiry of the month, was introduced for the puposes of remowing hardship in genuine cases. 3. This provision, which has been newly inserted, permitting the Court to extend the time for payment or deposit of rent month by month for a maximum period of 15 days, beyond the period of 15 days from the expiry of the month, was introduced for the puposes of remowing hardship in genuine cases. 3. It is not contested before me that the trial court enjoyed the power of extention of time fixed for payment of rent by a further period of 15 days, but the argument of the learned counsel for the opposite party is that the application for such extention of time should have been filed by the defendant-tenant within the period of 15 days from the expiry of the month of August 1976 In other words, the application for extension of time should have been made in the present case, according to the learned counsel, on or before August 15, 1976 and as no such application was made within the aforesaid time, the trial court had no power to extend the time for payment of rent for the month of August 1976. I am unable to give such a restricted interpretation to the provisions of sub-section (4) of section 13 of the Act as they now exist. In my view, the provisions of section 13 have been amended so as to remove the hardship to the tenent, where he is unable to deposit the rent month by month within the specified time on account of some genuine difficulties or unforeseen obstacle in his way or for reasons beyond his control and beneficial construction should be given to the amended provisions of sub-section (4), in the light of the purpose for which the amendment has been introduced in section 13 of the Act. It 1 as not been laid down by the Legislature that the tenent should submit an application within the period of 15 days after the expiry of the month, If he desires an extansion of the period specified for depositing the monthly rent, in sub-section (4) of section 13 of the Act. In the absence of any res-trictive provisions in that respect, the Court could extend the time for making the deposit at any time, subject to the only condition which is prescribed by the Legislature vis. In the absence of any res-trictive provisions in that respect, the Court could extend the time for making the deposit at any time, subject to the only condition which is prescribed by the Legislature vis. that further extension could not be made for a period of more then 15 days, after the expiry of 15 days from the and of the month. of course, it must be understood that it is not the right of a tenant to obtain such an extension but the Court has a discretion, which should always be exercised in a judicial manner. 4. The lower court relied upon a decision of this Court in Hiralal vs. Haribux and another (1) in refusing, to extend the time prayed for by the defendant-tenent in the present case. It must be observed that at the time when the aforesaid decision was rendered by this Court, the provisions of sub-sec-tion (4) of section 13 were not amended and there was no power vested in the Court then to extend the time for making the deposit of monthly rent, beyond the period of 15 days from the duts of expiry of the month. In those circumstances, this Court was right in observing that the provisions of section 13 (4) of the Act, as they stood then, did not contamplate extension of time by the Court. But the amended provisions of sub-section (4) of section 13 now contain an express provision erapowering the Court to extend the time for making payment or depositing the monthly rent by a further period not exceeding 15 days, beyond the permissible period of 15 days, after the expiry of the month. Learned counsel for the oppostie party drew my attent on to the decision of their Lordships of the Calcutta High Court which has been referred to in Hiralals case (!) But the provisions under consideration in the Calcutta case were entirely differrent, Sub-section (2B) of section 17 of the Calcutta Rent Act, which was under consideration before their Lordships of the Calcutta High Court, specifically provided that no application for extension of time for deposit or payment of any amount of rent could be entertained, unless it was made before the expiry of the time specified therefor. Thus by express enactment, it was provided that the application for extension of time under the said provision could be made only before the expiry of the time which was sought to be extended and not thereafter. There is no such restriction contained in sub-section (4) of section 13 of the Rajasthan Act in respect of the period during which the application for extension of time should be made. In the absence of any such restrictive clause contained in subsection (4) of section 13 or else where in the Act, providing that the application for extension of time, should be made before the expiry of the time specified for payment or deposit of rent month by month, there is no reason to take such & stringent view of the provisions of sub-sec (4) of sec. 13 of the Act which may defeat its very purpose. The application for extension may, in my view, be filed within the period specified for payment or deposit of rent month by month in sub-sec. (4) of section 13 or even thereafter. Even the order of the Court on such an application for extension of time may be passed before the expiry of the period specified in sub-sec. (4) or thereafter. The power of the Court to extend the time under the aforesaid provision is restricted only to the extent that the Court cannot allow extension for a period exceeding 15 days, beyond the period of 15 days from the date of expiry of the month. Within that limit and subject to the aforesaid condition, the Court has complete discretion in the matter of extension of time for depositting or making payment of monthly rent during the pendency of the suit. 5. Within that limit and subject to the aforesaid condition, the Court has complete discretion in the matter of extension of time for depositting or making payment of monthly rent during the pendency of the suit. 5. Coming to the facts of the present case, it is not in dispute that the amount of rent for the month of August 1976 was not deposited within the period of 15 days from the expiry of that month, but it was deposited 2 days thereafter, that is, on September 17, 1976 The lower courts were not justified in refusing to extend the time to the defendant tenant for depositing the rent for the month of August 1976 merely on the ground that the application for condonation of delay of two days was not submitted within the said period of 15 days, after the expiry of the month of August 1976 Even if the application was made subsequently the power of the Court under sub section (4) of section 13 could be exercised, subject to the condition that the Court could not extend the said time by a period exceeding 15 days after September 15, 1976 As I have already observed above, it cannot be denied that the discretion vested in the Court under sub-section (4) of section 13 for extension of time has to be Judicially exercised. In my view, in the circumstances of the present case, there was no reason for the two courts below for not allowing the defandant tenent extension of two days in respect of depositing the rent for the month of August 1976. I am not in agreement with the view expressed by the learned District Judge that the Court became powerless in the matter of extension of time under sub section (4) of sec. 13 of the Act merely because the period of 15 days after the end of the month of August, 1976 had expired. 6. In this view of the matter, the revision application is allowed and the delay of two days is condoned under the provisions of sub section (4) of section 13 of the Act. The orders passed by the two courts below are set aside. The order regarding striking off the defence of the defendant-tenent is also set aside. The parties are, however, left to bear their own costs.