S.ALI AHMAD, J.

1. This is an appeal by the defendant. The suit was filed for eviction on the ground of default in payment of rent within the meaning of the Bihar Buildings (Lease, Rent and Eviction) Control, Act, 1947 (hereinafter to be called the Act) in the court of the Munsif, 1st Court, Patna which was dismissed. The plaintiffs filed an appeal before the District Judge, Patna and the same was allowed. Hence, this appeal was filed in this Court which was first placed before a learned single Judge but as the appeal involves complicated questions of law, it was referred to a Division Bench.

2. According to the plaintiff-respondent, the house in question belonged to them which they purchased from one Parsottamdas Jain by a registered sale deed D/- 12-1-1964 for a valuable consideration. The appellant, a partnership firm was a tenant in the ground floor of the house in question which previously was paying rent at the rate of Rs. 75 per month, but by the order of the Rent Controller, it was reduced to Rs. 20 per month. Since the plaintiff-respondents needed the house bona fide for their own occupation, they served a notice u/S. 106 of the T.P. Act on the 12th March, 1964, de