Raj Kishore Prasad, J.

1. These four applications in revision, under Sec.25 of the Provincial Small Cause Courts Act, by the defendants, have been referred to a Division Bench, as a common point of law, which involves the interpretation of Sec. 6 (2) of the Bihar Buildings (Lease, Rent and Eviction) Control Act, 1947, (Bihar Act III of 1947), hereinafter referred to as "the Act", arises for decision.

2. The question for consideration is, can a landlord, who has let out his house on rent, in contravention of Sec. 6 (2) of the Act, recover the rent, from his tenant, at the contract rate?

3. It is necessary for a proper understanding, and determination, of the question at issue, to rend Sections 5, 6 and 8 of the Act. These sections are in these terms:

"5. (1) When, on application by the tenant in" possession of a building or otherwise, the Controller has reason to believe that the rent of that building is excessive, he shall hold a summary inquiry and record a finding,

(2) If, on a consideration of all the circumstances of the case including any amount paid or to be paid by the tenant by way of premium or any other like sum in addition to the rent, the Controller is satisfied