against eviction must comply with sub section (1) which requires the tenant to deposit the rent in arrears within one month from the date of the service of the writ of summons or where no such writ of summons is served on the tenant, within one month from the date of his appearance in Court. However, if the amount of rent in arrears is in dispute, the tenant has to make an application within the time specified in subsection (1) to the court inviting the court to pass a preliminary order pending final decision of the dispute, specifying the amount, if any due from the tenant and thereupon the tenant will have to deposit the amount specified in the preliminary order within one month from the date of the preliminary order. It may be that the amount may be sufficiently large and in a given set of circumstances, the tenant may be economically handicapped the tenant may be one who belongs to the economically handicapped class and may find it difficult to comply with the order within the prescribed time and therefore, the legislature conferred power on the court under sub section (2A) to grant amongst others the benefit of depositing the rent specified in the preliminary order by installments as determined by the court. If the tenant fails to comply with the provisions contained in sub section (1) or (2) or (2A), as the case may be, the consequence as provided in sub section (3) may ensue. In view of the decision of the Supreme Court in Civil Appeal no. 6960 of 1983 it cannot be said that the provisions of sub-section (2A) of section 17 of the Act will not be attracted while disposing of the application under section 17(2) of the Act. In the instant case the petitioner has not only filed the application under section 17(2) but also an application under section 17(2A) of the Act. Having regard to the circumstances, it appears that the petitioner’s applications under sections 17(2) and 17 (2A) of the Act should be sent back to the learned court below for hearing in accordance with law. The learned Munsif’s finding regarding the arrears of rent will stand. The learned Munsif will, however, consider the contention of the petitioner about incorrectness regarding calculation of interest. The learned Munsif will also consider the petitioner’s application under section 17(2A) of the Act in accordance with law.”
