Judgment

Fazl Ali, J. :- This is an appeal from a judgment & decree of the H. C. of Judicature at Patna reversing the appellate decree of a Subordinate Judge in suit instituted by the resps. The facts of the case are briefly these. The resps. have been in occupation as a monthly tenant of several blocks of premises belonging to the applts. at a monthly rental of Rs. 112. The rent for the months of March, April & May, 1947 having fallen into arrears, they remitted it along with the rent for June, on 28-6-1947, by means of two cheques. As the applts did not accept the cheques, on 4-8-1947, the resps. remitted the amount subsequently by postal money order. On 12-8-1947, the applts. maintaining that there was non-payment of rent & hence the resps. were liable to be evicted, under S. 11 (1) (a), Bihar Building (Lease, Rent & Eviction) Control Act, 1947 (III [3] of 1947), applied to the House Controller for the eviction of the resps. from the premises. Section 11 (1) (a) of the Act runs as follows: "Notwithstanding anything contained in any agreement or law to the contrary & Subject to the provisions of S. 12, where a tenant is in possession of any building, he shall not be liable to be