Kanhaiya Singh, J.

1. This is an application under Article 226 of the Constitution for an appropriate writ in respect of the order of the commissioner dated 1-3-1954. By this order the Commissioner set aside the concurrent decision the Rent Controller and the Collector and dismissed the application of the petitioner for ejectment of the opposite party. The petitioner is a landlord of Municipal holding No. 88 New Market, in the Mithapur Bazar, Ward No. 2 within the Patna Municipal Corporation. Opposite party No. 2, Rambilas Singh, is a tenant of one of the rooms in this house on a monthly rental of Rs. 12/-. The room is on the north-eastern side of the aforesaid house. He has been in occupation of this-house since 1943. The landlord petitioner made an application before the Collector under Sub-section (3) (a) of Sec.11 of the Bihar Buildings (Lease, Rent and Eviction) Control Act, 1947, for a direction to the opposite party to put him in possession of the room in question. His petition was rested on the ground thai: he required the room for setting up Amiya Ranjan Gupta in business. Amiya Ranjan Gupta is the sisters son of the landlord, and his case was that ho was living wi