An appeal was filed by the appellant against the decree but failed and the Trial Court decree was affirmed.
A second appeal was dismissed by the High Court in limine.
The Trial Court found that the appellant was a defaulter in payment of rent and the ground mentioned in Clause d of Sub section 1 of Section 11 of the Act was made out and, therefore, the suit for eviction was decreed.
The appellant is the tenant.
He claimed that the respondent had refused to accept the rent tendered to him, and that after obtaining permission from the Controller under the Bihar Building Lease, Rent and Eviction Control Act, 1947 hereinafter referred to as the Act he had been depositing rent regularly in the Treasury.
As mentioned earlier the High Court summarily dismissed the second appeal.
111 of Dumka Municipality.
The respondent filed a suit in 1966 claiming that the appellant had fallen in arrears of rent and that, therefore, the respondent has terminated his tenancy and required him to vacate the premises.
The suit was companytested by the appellant, who denied that he was in arrears of rent.
S. Pathak, J. This is a defendants appeal by special leave arising out of a suit for eviction.
The respondent is the owner landlord of the premises situated in Ward No.
