Ramaswami, J.

1. In this case the petitioner has obtained a rule calling upon the opposite party, Ramjiwan Sah, to show cause why a writ in the nature of certiorari or mandamus should not be issued and the execution proceedings pending in the court of the Subdivi-sional Officer, Deoghar, should not be quashed. Cause was shown against the rule by Mr. Lal Narain Sinha on behalf of Ramjiwan Sah upon whom the notice of the rule was directed to be given.

2. The petitioner is a tenant of a cinema house located in holding No. 26, ward No. 6, of the Deoghar Municipality, of which the opposite party, Ramjiwan Sah, is the proprietor. In the year 1943, there was a verbal lease with respect to the holding on the basis of which the petitioner was put in possession. On the 14th of November 1944, a written lease was executed and registered for a period of five years from the 1st of November 1944 to the 31st of October 1949. On the 2nd of November 1950, the opposite party made an application under Section 11(1)(b) of the Bihar Buildings (Lease, Rent and Eviction) Control Act, 1947, for evicting the petitioner on the ground that the period of tenancy had expired. After notice to the parties