S.K.Jha and A.K.Sinha JJ.

1. This is an appeal by the tenant-defendant against the judgment of affirmance. The suit was one for eviction brought by the landlord respondent under Section 11(1)(d) of the Bihar Buildings (Lease, Rent and Eviction) Control Act, 1947 (hereinafter to be referred to as the Act) on the ground of default in the payment of rent within the meaning of the Act.

2. The only defence taken was that it should be deemed that the appellant was not in default in payment of arrears of rent as he had already over-paid in excess of the contractual rent before the period of the alleged default. The period of the alleged default was December, 1970 and the months of January and February, 1971.

3. Admittedly sometime in the year 1965 the appellant was inducted as tenant in the premises in question by one N.K.P. Agrawala (or Agrawal) on a rental of Rs. 100/-per month including fixtures and fittings. The appellant claims that the rent for the house in question was only Rs. 30.00 and the additional amount of Rs. 70.00 was by way of rent for additional fixtures and settings, to which the respondent was not legally entitled. Shorn of all details, the appellant went on pay