Order

The respondent instituted Title Suit No. 6 of 1974 for eviction of the appellant on ground of default in payment of rent. That suit was dismissed on 31.1.1978. The first appeal preferred by the respondent before the District Judge succeeded vide judgment and order dated 31.3.1979. The appellant filed second appeal in the High Court, being Second Appeal No. 404 of 1979. During the pendency of that appeal, landlord-respondent filed an application under Section 15 of the Bihar Building Control Act (hereinafter the Act) for deposit of ar­rears of rent accumulated during pendency of the appeal and future rent during the pendency of the appeal. An order came to be made by the High Court on 25.9.1979 to deposit the arrears of rent by 15.11.1979. The appellant, however, deposited the arrears of rent on 9.2.1980 and that amount was subsequently withdrawn by the respondent-landlord. While the second appeal was pending in the High Court, the respondent instituted Title Suit No. 100 of 1980 seeking eviction of the appellant on the ground that during the pendency of the appeal in the High Court arising out of the earlier suit, the appellant had not complied with the directions of the High