Mahapatra, J.

1. The appeal is by the defendant in on action for his ejectment from premises bearing municipal holding Nos. 30/34 and 31 of ward No. 8 circle No. 6 of mahalla Sabzibagh, Patna. The plaintiff also claimed recovery of Rs. 12,000.00 as arrears of rent from the defendant. His case was that the defendant had taken lease of the premises for starting a hotel for a period of five years from the 1st of December 1953 to the 30th of November 1958 by a registered document dated the 2nd of December 1953 on an annual rent of Rs. 2400.00 payable in quarterly instalments of Rs. 600.00 each, on every 26th February, 31st May, 31st August and 30th November, on explicit condition that in case of default of any two consecutive instalments, the plaintiff would be entitled to re-enter upon the premises. Another condition in the lease was that the premises would be used only for a hotel. The defendant violated both the conditions by keeping in arrears the rent that was payable on the 31st May and 31st August 1956 and by opening a book-stall and a betel shop in the premises in addition to the hotel. The plaintiff claimed interest on the arrears of rent at the rate of one per cent pe