Judgement

VENKATARAMIAH, J.: - The appellant is a firm carrying on business at Jharia. It took on lease a room bearing No. 1in a building belonging to the respondent on a monthly rent of Rs. 70/- on 7-11-1960 and paid in advance two months rent, i.e., Rs, 140/-. The appellant paid rents regularly but did not pay the rent for the months of September and October, 1972. Taking advantage of the non-payment of the rent in respect of the said two months the respondent filed a petition for eviction against the appellant contending that the appellant had become liable to be evicted from the premises in question under clause (d) of sub-section (1) of section 11 of the Bihar Buildings (Lease, Rent and Eviction) Control Act, 1947 (hereinafter referred to as the Act) which provided that on failure to pay two months rent a tenant was liable to be evicted from the premises taken on lease. The appellant pleaded inter alia in his written statement that at the time of the inception of the tenancy it had paid the respondent a sum of Rs. 140/- as advance rent with an understanding that the amount of advance could be set off against the rent whenever necessary or required and that since under S. 3 of t