1. The petitioner, Ramnath Sahani, is tenant of a house located in holding No. 92, Mithapur B and C area, Patna. The opposite party, Shrimati Sukumari Sinha, is the landlord of the house. On 11-10-1952, the opposite party applied before the House Controller of Patna for evicting the petitioner on the ground that there had been non-payment of rent for September, 1952. The petitioner showed cause before the House Controller alleging that the rent for the house up to August, 1952, had been, paid and that repairs had been effected to the building to the extent of Rs.52-6-0. The petitioner claimed that there was an oral agreement between him and the landlord that repairs would be made to the building and the cost would be set off towards the amount of rent due. The House Controller did not accept the case of the petitioner that there was an oral agreement between the landlord and the tenant or that repair work to the extent of Rs. 52-6-0 had been effected. The House Controller found! that there was non-payment of rent on the part of the petitioner, and passed an order of eviction.

An appeal was taken by the petitioner to the Collector against the order of the House Controller, b