1. This is a plaintiff landlords appeal against a judgment of affirmance. The suit was one for eviction under Sec.11 of the Bihar Buildings (Lease, Rent and Eviction) Control Act, 1947 (hereinafter to be referred to as the Act). Both the trial Court and the lower appellate Court having dismissed the appellants suit, the present appeal has been filed.

2. This appeal must succeed on two pure questions of law. The original defendant Shri Mithileshwar Singh was admittedly the tenant of the premises in question under the appellant. He died during the pendency of the suit and was substituted by his heirs who are the present respondents. The grounds on which his eviction had been sought were two-fold-default in the payment of rent and bona fide personal necessity of the appellant for use of the premises in question. The subject-matter of tenancy is a house bearing holding No. 22 within the Patna Municipal Corporation. Mithileshwar Singh aforesaid was a monthly tenant and used to pay rent at the rate of Rs. 20.00 per month. The appellant alleged default in payment of rent from September, 1965 to January, 1966 and it was further asserted that the landlord required the house in good