Raj Kishore Prasad, J.

1. The petitioner has moved this Court, under Articles 226 and 227 of the Constitution for an appropriate writ quashing the order dated the 5th November, 1955, of the Additional Commissioner, and the order dated the 30th August 1955, of the Collector, passed in a proceeding under the Bihar Buildings (Lease, Rent and Eviction) Control Act, 1947 (Bihar Act III of 1947), hereinafter referred to as "the Act". The opposite party No. 1 has shewn cause, and filed a counter-affidavit.

2. The petitioner is the landlord of old holding No. 2B/1 and new holding No. 17, circle No. 22, situated on the Ashoka Raj Path, in Mahalla Muradpur in the town of Patna Opposite party No. 1 took a portion of this holding on lease for a fixed period commencing from the 9th April, 1949. to the 30th January, 1954, under a registered Sataua Pataua Kerayanama Patta dated the 15th June, 1949, on a monthly rental of Rs. 215/-.

Out of this monthly rental of Rs. 215/-, a sum of Rs. 200.00 was to be set off towards the loan of Rs. 10,000/-, which had been taken by the petitioner from opposite party No. 1; under the above lease. Out of Rs. 10,000/-, Rs. 8,000.00 carried interest, and Rs.