Ramaswami, J.

1. In this case the petitioner has obtained a rule calling upon the House Controller of Patna to show cause why a writ in the nature of Prohibition or Certiorari should not be issued for quashing his order dated 12-9-1952, directing the petitioner to vacate a house.

2. The petitioner is tenant of a house bearing holding No. 67, circle No. 27, ward No. 9 of Patna City Municipality. Respondent I, Nagindra Naraln Sinha and others two respondents are the landlords who had let out the house to the petitioner on a rent of Rs. 35/- per month. In May, 1951, respondents 1 to 3 made an application to the House Controller under Sec.11 of the Bihar Act 3 of 1947 praying that the petitioner should be ordered to vacate the house on the ground that respondents 1-3 required the house bona fide for their own occupation. The petitioner appeared and showed cause. The case of the petitioner was that the respondents had previously made an application to the House Controller in 1948 on the same ground of personal necessity but the application was rejected by the House Controller. An appeal was preferred to the Commissioner against the order of the Controller on behalf of the respon