Ramaswami, J.

1. In this case the petitioner, Hakim Syed Shah Khurshed All, has moved the High Court under Articles 226 and 227 of the Constitution for quashing the order of the Commissioner of Tirhut Division dated 27-2-1953 refusing to evict the opposite party under the provisions of Sec.11, Bihar Buildings (Lease, Rent and Eviction) Control Act, 1947.

2. The case of the petitioner is that there was a building located on plot No. 3816 and part of plot No. 3817 of Khata No. 285 in the town of Siwan. The petitioner had purchased the land and the building from one Raghunath Prasad by a registered sale deed dated 1-5-1948. Subsequently the petitioner had leased the land and the building to Ameer Mian, opposite party No. 2, on payment of a monthly rental of Re. 1/4/-. As the rent was not paid the petitioner instituted a suit in the Court of the Munsif of Siwan for eviction of Ameer Mian from the land and the building. The suit was decreed by the Munsif on 5-8-1949 in favour of the petitioner. An appeal was taken to the Subordinate Judge by Ameer Mian and on 19-1-1951 the Subordinate Judge allowed the appeal holding that Section 11, Bihar Act, was a bar.

It should be stated in