Raj Kishore Prasad, J.

1. In this case, the petitioner Chiranjilal Poddar, who is the landlord of a building in Muzaffarpur seeks a writ, in the nature of certiorari, under Article 226 of the Constitution to call us and to quash the order of the Commissioner, Tirhut Division, dated the 28th November, 1955, refusing the petitioners application for eviction of the opposite party tenants, under sec. 11(1) (a) of the Bihar Buildings (Lease, Rent and Eviction) Control Act, 1947 (Bihar Act III of 1947).

2. Opposite party Nos. 1 to 3, who are the tenants, have shown cause against the rule, issued by the High Court on the application of the petitioner, under Articles 226 and ,227 of the Constitution, and have also filed a counter-affidavit in reply to the affidavit of the petitioner.

3. The opposite party were month to month tenants of the holding belonging to the petitioner on a monthly rental of Rs. 33/-. The opposite party did not pay rent for the period from Asarh, Sambat 2010 up to Sarawan, Sambat 2011, for a period of 14 months, corresponding to the 28th June, 1953, to the 14th August, 1954. The Petitioner therefore, on the 18th August, 1954, applied under section 11(1) (a) t