G.N.Prasad, J.

1. The petitioner, Shrimati Parbati Kueri, is the first defendant in a suit for eviction and for recovery of arrears of rent in respect of a house instituted by the plaintiff-opposite party No. 1. The application arises out of an order passed by the court below under the provisions of Sec.11-A of the Bihar Buildings (Lease. Rent and Eviction) Control Act, 1947.

2. The application of the plaintiff-landlord was opposed by the petitioner substantially on two grounds: (1) that there was no relationship of landlord and tenant between the parties, and (2) that there was no arrear of rent due to the plaintiff.

3. Both these questions have been raised as substantial defence to the suit filed by the plaintiff. Being aware of this, the court below for the purposes of disposal of the application under Sec.11-A recorded its findings holding that prima facie there was relationship of landlord and tenant between the parties, and prima facie again the rent, which was Rs. 120 per month, was in arrears since the 15th March, 1962 Upon these findings, the court below has directed the defendants to deposit the outstanding arrears of rent within fifteen days of the date of the im