R.K.Choudhary, J.

1. This appeal by the plaintiff arises out of concurrent decisions of the Courts below dismissing his suit for a declaration that the order of eviction passed against him under Sec.11 of the Bihar Buildings (Lease Rent and Eviction) Control Act, 1947 (hereinafter to be referred to as the Act) was without jurisdiction.

2. The appellant is the owner of a holding consisting of a building within the Dinapore Cantonment area. On the 17th of July, 1951, he executed a registered rehan deed for a term of two years in respect of this holding in favour of the defendant-respondent and put him in possession of the same. On the 25th of July, 1951, the respondent let out the building to the appellant on a monthly rent. On the 3rd of February, 1953, the respondent made an application under the Act before the House Controller for eviction of the appellant on the ground that he had made default in payment of the rent since May, 1952. The appellant resisted the claim mainly on, the ground that there was no relationship of landlord and tenant between the parties. On, the 16th of March, 1953, the Controller overruled the objection and passed an order in favour of the responde