HARI LAL AGRAWAL, J.

1. This Civil revision application having been referred to a larger Bench by a Division Bench has been placed before us. The Division Bench has expressed its doubt regarding the correctness of a Bench decision of this Court in the case of Ranchhod Lodha V/s. Madhabji Kanji (AIR 1974 Pat 211).

2. The provision of law falling for our consideration is Sec.11A of the Bihar Buildings (Lease, Rent and Eviction) Control Act, 1947, which has since already vexed this Court time without number. This time we have to consider the effect of withdrawal of the rent deposited out of time by the landlord on his right to get the defence of the tenant against his ejectment struck off.

3. Before adverting to the question posed before us, I will very briefly state the relevant facts. The opposite party instituted a title suit for eviction of one Md. Ibrahim, the ancestor of the petitioners (who were substituted in the lower appellate Court) from a house in the town of Chapra. The suit having been dismissed by the trial court the opposite party filed the appeal. There on 1-5-1967, an application under Sec. 11A was filed by the opposite party, which was allowed on 10-1-1966.