Ramaswami, J.

1. The question to be examined in this case is whether the petnrs. are entitled to be granted a temporary injunction against the oposite party restraining the latter from executing the order of eviction made by the House Controller, Monghyr.

2. The petnrs. alleged that they were the tenants of the house in dispute which belonged to one Khan Bahadur Mirja Noor Beg; that on 16-4-1949, Jaldhar Prasad & Dasrath Prasad purchased the house & on 6-8-1949, the opposite party filed an appln. under the Bihar Buildings (Lease, Bent & Eviction) Control Act (Act III [3] of 1947) for evicting the petnrs. The opposite party alleged that they had purchased the holding for the construction of a petrol pump & Dist Mag. of Monghyr bad granted a "no objection" certificate for the construction & installation of the petrol pump. On 11-3-1950, the House Controller, Mr. S. N. Mallik, allowed the appln. & ordered the petnrs. to vacate the house. An appeal was filed before the of Bhagalpur, who by his order dated 16-5-1950 rejected the appeal. On 31-5-1950, the petnrs. filed a suit for declaration & permanent injunction against the opposite party on the ground that the House Controller