Khare, C.J.I - (1.) -The appellants herein are the tenants. The landlord brought a suit for eviction of the tenant, inter alia on the ground of personal necessity as well as for default in payment of rent. The trial Court dismissed the suit. However, the first appellate Court allowed the appeal of landlord and thus the suit on the ground of default was decreed. The second appeal, by the tenants, was dismissed. The High Court held that mere acceptance of delayed rent by the landlord did not amount to waiver of the right which was accrued to him under the Act and also the tenant has committed default in payment of the rent. It is against the said judgment, the tenants preferred present appeal by means of a special leave petition.
(2.) When the matter came up before a Bench of this Court, the Bench was of the view that as the case may require consideration of the correctness of the view taken by a Full Bench of Patna High Court in Raj Kumar Prasad vs. Uchit Narain Singh (AIR 1980 Pat 242) (FB) in view of two decisions of this court in Gowali Charan vs. Surendra Kumar Khandani and others (1987 ) Suppl. SCC 578 and Satyanarain Kandu vs. Smt. Hemlata and others (1996 PLR 110 SC) both by two-Judge Bench and as such has referred the matter to a Bench of three learned Judges. It is in this way, this matter has come up before us. Learned counsel for the appellant urged that view taken by the High Court is in conflict with the two decisions of this Court and, therefore, the judgment under challenge deserved to be set aside. We do not find any merit in the argument for the reasons stated hereinafter.
(3.) Section 11(1)(d) of the Bihar Buildings (Lease, Rent and Eviction) Control Act reads thus : "11. Eviction of tenants.- (1) Notwithstanding anything contained in any contract or law to the contrary but subject to the provisions of the Industrial Disputes Act, 1947 (Act XIV of 1947), and to those S. 18, where a tenant is in possession of any building, he shall not be liable to eviction therefrom except in execution of a decree passed by the Court on one or more of the following grounds : (a) to (c) ********** (d) Where the amount of two months rents, lawfully payable by the tenant and due from him is in arrears by not having been paid within the time fixed by contract, or in the absence of such contract, by the last day of the month next following that for which the rent is payable or by not having been validly remitted or deposited in accordance with S. 16." ;