Banerji, J.

1. This is an application for a suitable writ on behalf of the landlord to quash an order passed by the Additional Commissioner of the Patna Division setting aside an order of the Collector directing vacant possession to be given to the petitioner.

2. The facts were these. On 14-1-1953, the petitioner gave lease of a portion of his shop premises (holding No. 76, Ward No. 33 in the New Market at Patna) for a period of 11 monthe. The tenant, opposite party No. 4, who will be hereinafter referred as the tenant, occupied the premises on the same date and an agreement was drawn up and signed both by the petitioner and the renant, but the same was not registered.

On 13-12-1953, the term of the lease expired, and the petitioner served a notice on the tenant to quit the premises. As the tenant refused to give up possession the petitioner, on 25-5-1954, filed an application under Sec.11, Sub-section (1), Clause (b), Bihar Buildings (Lease, Rent and Eviction) Control Act, 1947, as modified by Bihar Act 5 of 1933, hereinafter to be referred also as the Act, for eviction of the tenant on three grounds, namely, that the term of the lease had expired; that there had been non-