Sahai, J.

1. The only question which requires consideration in this case is whether the Civil Court has jurisdiction to adjudicate upon the correctness of the finding of the House Controller in a case for eviction of a tenant under Section II of the Bihar Buildings (Lease, Rent and Eviction) Control Act, 1947 (hereinafter to be referred to as the Act) that the relationship of landlord and tenant exists between the parties.

2. The facts, relevant for decision of this case, are as follows. Mahabir (defendant No. 8) inducted the plaintiff as a monthly tenant in the house in suit in 1945. He filed an application before (he House Controller for eviction of the plaintiff; but the controller rejected the application by an order dated the 7th September, 1949. The defendants-first-party are descendants of defendant No. 8 by his first wife. There was a partition suit between the defendants inter se which was decreed on compromise. The house in question fell, according to the compromise, in the share of the defendants-first-party, who filed an application under Section II of the Act for eviction of the plaintiff on two grounds, viz., (1) non-payment of rent and (2) personal necessity.