Tenant deposit under rent control proviso limited to arrears pleaded in eviction petition, not later accruing rent.

The proviso to Section 13(2)(i) was treated as a tenant-protective cure for the default that founded the eviction petition. "Arrears of rent" was read in light of the petition and statutory purpose to mean only the rent in dispute up to the date of the landlord's application, not rent accruing after proceedings began. The Controller's enquiry was confined to the pleaded grievance, so deposit of the arrears due up to the application date was sufficient on the first hearing.

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Issues: Whether, under the proviso to Section 13(2)(i), the tenant was required to deposit arrears of rent only up to the date of the landlord's application for eviction or the entire arrears due up to the first hearing.

Analysis: The proviso was construed in the context of the rent control scheme as a tenant-protective provision giving a limited opportunity to cure the default that founded the eviction petition. The expression "arrears of rent" was read with the main clause and the surrounding statutory purpose, and was held to refer to the arrears which constituted the landlord's grievance in the petition, not to rent accruing after institution of proceedings. The scope of enquiry before the Controller was treated as confined to the dispute pleaded by the parties.

Conclusion: The tenant was required to deposit only the arrears due up to the date of the landlord's application, and the deposit made on the first hearing was sufficient.

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