ORDER

Heard learned counsel for the petitioner.

2. The issue involved in this petition is : whether the plaintiff-landlord was entitled to decree of eviction in a suit filed on 5th September, 1994 on the ground of default in payment of rent for February, 1988 and December, 1990, even though the same fell beyond the period of three years prior to the date of the suit.

3. In the present matter the suit was filed on 5th September, 1994 for eviction of the tenant (petitioner herein) and for recovery of possession on the ground of default in payment of rent under Section 11(1)(d) of the Bihar Buildings (Lease, Rent & Eviction) Control Act, 1982 (for short the Act, 1982 ) as well as on the ground of personal necessity. The suit was dismissed by the Trial Court. Being aggrieved, the plaintiff-landlord went in appeal before 7th Additional District Judge, Munger who recorded the finding of fact to the effect that the defendant-tenant had committed default for two months namely for February, 1988 and December, 1990 which fulfilled the requirement of Section 11(1)(d) of the said Act, 1982. This finding of fact has been confirmed by the High Court against which the tenant has come by way of the