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38. ...if an act is required to be performed by a private person within a specified time, the same would ordinarily be mandatory but when a public functionary is required to perform a public function within a time-frame, the same will be held to be directory unless the consequences therefor are specified."

27. Moreover, if the case of the petitioner is accepted that there were no arrears, nothing prevented the tenant from depositing the monthly rent within one month from receipt of summon in terms of Section 7(1)(c). Averments indicate that excess rent was paid for adjustment upto March 2021, thereafter leave was sought for deposit of rent from November 2022 in the application under Section 7(1). What happened to the rent between April 2021 to November 2022 is not available from the pleadings. No such deposit accompanied the application. The proviso would not apply in this case as there was no determination of rent payable. Section 7(2) is quoted below:-