Satya Brata Sanyal, J.

This second appeal is at the instance of the defendant respondent which arises out of a suit for eviction under the Bihar Building (Lease, Rent and Eviction) Control Act.

2. The plaintiff instituted a suit on 3.10.1977 (or eviction of the tenant from a shop where the defendant carries on retail sale of medicines on the ground of default in the payment of rent from January 1975 to September, 1977. Rent payable was at the rate of Rs.40/-per month by the last day of month next following when it falls due, on 24.3.1981 the plaint was amended adding a further ground for eviction i.e. personal necessity. It has been averred in paragraphs (4a), (4b) and (4e) of the plaint that his two sons have engaged themselves in various business and they have no independent premises where from they can operate. They do blacksmithy and undertake repair work of tempos and the premises in question is required for storing valuable tool for effectively carrying on their trade and business. The defendant, on the other hand stated that after December 1974 the plaintiff stopped realising rent for several months and in the month of March 1977 he paid a sum of Rs. 2.000/- towards th