1. This appeal by the tenant-defendant is directed against the decree passed by the lower appellate court to a suit for eviction filed by the respondent. The appellant has been a tenant of certain premises described in the schedule to the plaint in the town of Monghyr and the provisions of the Bihar Buildings (Lease, Rent and Eviction) Control Act (hereinafter referred to as the Act) apply to the case. The ground for eviction made out in the plaint and accepted by both the courts below is non-payment of rent for a period of more than two months. The finding of the trial Court that the defendant was a defaulter in the matter of payment of the rent was not challenged by him before the lower appellate court nor before us. The only question which has been argued in support of the second appeal, is that the suit should be dismissed for non-compliance of the service of notice terminating the tenancy as envisaged by S. 106 of the T. P. Act. The trial Court decided the issue in favour of the appellant and dismissed the suit, but on appeal the lower appellate Court reversed the finding and decreed the suit.

2. The plaintiff produced a certificate of posting showing that a notice as