Judgment

NATARAJAN, J. : - This appeal by special leave is directed against a judgment of the High Court of Patna in Second Appeal No. 96/82 confirming the decree for eviction passed by the lower Courts against the appellant herein. The limited question for consideration in the appeal is whether the Subordinate Courts and the High Court have committed an error of law in holding that the appellant had rendered himself liable for eviction for non-payment of rent for the period 1-2-1975 to 30-6-1975 in spite of the Courts holding that the appellant had paid excess rent of Rs. 10/- per month for a period of 33 months.

2. The facts are not in dispute and are briefly as under. The appellant was running a grocery shop in the leased premises and was paying an agreed rent of Rs. 60/- per month to the respondent. The respondent terminated the tenancy and filed a suit for eviction of the appellant on three grounds, viz. (1) bona fide requirement of the premises, for opening a shop (2) default in payment of rent for five months; and (3) wrongful conversion of the leased premises from a residential house to a grocery shop. The Trial Court and the Appellate Court decreed the suit for eviction on t