The appellant was inducted as a tenant therein by the owner one Janki Devi under a document of lease for a .fixed period.
On appeal by the appellant, the learned Subordinate Judge reversed the finding on the question of bona fide personal necessity but affirmed the decree on the ground of default.
The present suit was filed on 28.5.1974 for eviction of the appellant on the grounds of bona fide personal necessity and default in payment of rent for the periods may to July, October and November 1968, December 1969 to February 1970, and December 1973 to April 1974.
The appellant denied the allegation that he has defaulted in payment of rent.
The Bihar Rent Act was number then applicable to Danapur Cantonment.
Since the deed was number executed in accordance with the requirements of law it remained inoperative.
The High Court has by the impugned judgment maintained the decree.
The trial companyrt decreed the suit on both the grounds.
The building in question is in Danapur Cantonment area near the town of Patna.
After the period was over, Janki Devi instituted a suit on 10.12.1968 for eviction of the appellant and for a decree for arrears of rent for the period may to August 19o8, which was registered as Title Suit No.
317 of 1968.
Curing the pendency of the case on 14.2.1970 the provisions of the Bihar Rent Act were extended to this area.
Presumably in view of the fact that the lease deed companyld number be treated to be valid in the eye of law, a prayer for withdrawal of the relief for eviction was made by the plaintiff and was allowed with leave to file a fresh suit.
A decree for arrears of rent, however, was passed.
The first appellate companyrt on a companysideration of the evidence held that the appellant did default in payment of rent for May, June, July, October and November 1968, and December 1959 to February 1970 and on that basis decreed the suit.
M. Sharma, J. The question which arises in this appeal by special leave is whether the default by a tenant in payment of rent for period before the Bihar Buildings Lease.
Rent and Eviction Act, 1947 hereinafter referred to as the Bihar Rent Act , was extended and became applicable, can be the basis for holding him a defaulter within the meaning of Clause d of Section 11 1 of the Bihar Rent Act, 1947 and therefore, liable to be evicted.
