1. The suit giving rise to the above Second Appeal was filed by the plaintiff/respondent on July 9, 1968. It is governed by the provisions of law contained in the Bihar Buildings (Lease, Rent and Eviction) Control Act, 1947 (hereinafter to be referred to as "the Act").

2. In his statement of claim, the plaintiff/respondent urged two grounds in support of the relief for the ejectment of the defendant/appellant. According to him, the defendant/appellant had defaulted in the payment of rent for the months of June and July, 1966. It was further alleged that the defendant/appellant was guilty of illegal subletting.

3. The defendant/appellant in his rejoinder to the statement of claim filed by the plaintiff/respondent, stated that he had not sublet the accommodation in dispute. It was further averred by him that he sent the rent for June and July, 1966, by money order to the plaintiff/respondent who refused to accept the same on July 16, 1966. It was common ground between the parties that the agreed rent payable by the defendant/appellant was Rs. 88/- per mensem.

4. Both the courts below have found against the plaintiff/respondent on the ground of subletting. The correctness of t