Sahai, J.

1. This is an application under Article 226 of the Constitution of India for issue of an appropriate writ, quashing the order of the Commissioner of the Patna Division in a case under the Bihar Buildings (Lease, Rent and Eviction) Control Act, 1947. No relief has been claimed against the State of Bihar which appears to have been unnecessarily impleaded as opposite party No. 2.

2. It appears that the petitioners took a loan of Rs. 20,000.00 from opposite party No. 1 and executed a rehan deed on 5-7-1945, giving in mortgage their houses, godown and orchard etc. On 7-7-1945, the petitioners took back the rehan pro-"perties on lease on the basis of karayanama wherein it was stipulated that the petitioners would, pay Rs. 100.00 per month as rent to opposite party No. 1. The rate of interest for the loan advanced on the basis of the rehan was -/8/- per hundred per month and the total interest on Rs. 20,000.00 came to Rs. 100.00 per month. Under another rehan deed executed on 14-9-1945, the petitioners took a further loan of Rs. 14,500.00 from opposite party no. 1 and gave the same properties, in rehan. The total interest on this amount came to Rs. 72/8/-per month. There