1. In this second appeal by the defendant, a very interesting question has been raised for my consideration.

2. The plaintiffs instituted a title suit for eviction of the defendant from the suit premises bearing Holding No. 154, Circle No. 102, Ward No. 26 of the Patna Municipal Corporation on the ground that he was a defaulter within the meaning of clause (d) of Sec.11 (1) of the Bihar Buildings (Lease, Rent and Eviction) Control Act, 1947 (hereinafter referred to as the andapos;Actandapos;), having failed to pay rent for two months, namely, Shrawan and Bhado 1369 Fasli. Admittedly, the tenancy in question is governed by the Hindi (Fasli) calendar. The defendant resisted the suit on the ground that he was not a defaulter in the eye of law, having remitted the rent for the two months in question by money order within the stipulated period.

3. The plaintiffs had instituted earlier Title Suit No. 332 of 1962 in the trial Court for the same relief and the same cause of action against the defendant. In that suit, the plaintiffs had obtained an order under Sec.11-A of the Act for deposit of the arrears of rent, including rent for the months of Shrawan and Bhado 1369 Fasli, which