Narasimham, J.

1. This case has been referred to the Full Bench by S. C. Misra and T. Nath, JJ., mainly because they felt some doubt about the correctness of the decision of a Division Bench of this Court in Sudhindra Nath Ghosh V/s. District Magistrate of Patna, 1960 BLJR 368: (AIR 1961 Pat 254) regarding the effect of non-compliance with some of the provisions of Clause (a) of Sub-section (2) of Sec.11 of the Bihar Buildings (Lease, Rent and Eviction) Control Act, 1947, (hereinafter referred to as the Act).

2. The material facts are as follows. The petitioner is the owner landlord of house No. 31 situated in Municipal holding No. 38 inside the Fort Area of Monghyr Municipality. It was in the occupation of a Government servant named Sri S. N. P. Srivastava till the 20th December, 1961. On the 18th December, 1961, Sri Srivastava addressed a letter to the District Magistrate of Monghyr, stating that in view of his transfer to Dehri-on-Sone he would be vacating the house in the morning of the 20th December 1961. A copy of the letter also appears to have been forwarded by him to the petitioner landlord on the same day. The house was occupied by another Government servant named