S.S.SANDHAWALIA, J.

1. Whether the excess rent paid by the tenant to his landlord, consequent upon a mutual (though illegal) enhancement of rent would be automatically adjusted against all subsequent defaults in payment of monthly rent for purposes of Ss.4, 5 and 11 of the Bihar Buildings (Lease, Rent and Eviction) Control Act, 1947, is the significant question which necessitates this reference to the Full Bench. Equally at issue is the correctness of the view in the unreported Division Bench judgment of Ramjit Singh V/s. Shanti Devi, Second Appeal No. 257 of 1977 decided on 16th August, 1979.

2. The plaintiff had brought the suit for eviction, inter alia, on the grounds of default in the payment of rent and personal necessity and had claimed a sum of Rs. 540.00 as arrears of rent. The case set up on his behalf was that his brother Babu Lal was earlier the karta and manager of the joint Hindu family governed by the Mitakshara School of Hindu Law and the disputed premises belonged to the plaintiff, which were leased to the tenants, who carried on business in the name and style of Punjab Dental and Optical Works, at a monthly rent of Rs. 60/-. According to the plaintiff-appel