Ramratna Singh, J.

1. This appeal has been preferred by the defendant against the decision of a learned Single Judge of this Court reversing the judgment and decree of the trial Court dismissing the plaintiffs suit for recovery of Rs. 7,000/-, consisting of Rs. 5,550.00 as house rent and Rs. 1,455/- as Municipal taxes in respect of a house situate within the Dhanbad Municipality let out to the defendant as a tenant from September, 1949 to September, 1952. The total comes to Rs. 7,005/-, but Rs. 5/- was shown in the plaint as remitted.

2. According to the plaintiff, the monthly rent was fixed at Rs. 150/-, besides municipal taxes, while, according to the defendant, he was allowed to occupy the nouse by one S. K. Neogi, a nephew of the plaintiffs husband, on the assurance that fair rent would be settled later on. It was further asserted by the defendant that, inasmuch as no fair rent had been settled, the contract of tenancy was unlawful* and that he never agreed to pay Municipal taxes in addition to the rent. In oral evidence, however, the case of the defendant was that the rent fixed was only Rs. 100.00 per month. He also claimed a set off of Rs. 234/-from the rent due, as