Raj Kishore Prasad, J.

1. This application in revision by the petitioners, who were objectors in the Court below in a proceeding under Order 21, Rule 97, C. P. C., is directed against an order of the Munsif at Katihar dated 27-7-55, allowing the application of the decree-holders opposite party under Order 21, Rule 97 of the Code and directing them to be put in possession of the property as against the petitioners.

2. The facts leading up to the present application are these: Opposite parties 1 to 3, and one Mctilal were own brothers. They were members of a joint Mitakshara Hindu family. The joint family owned holding No. 66. This holding has three blocks of houses. The middle block, which is the subject-matter of the present application, was in occupation of a tenant, named, Bai Mohan Dutt Kabiraj, who has a dispensary in the front portion of the house, and he resided with his family in the back portion thereof.

On 6-4-53 opposite parties 1 to 3 only, as Moti-lal, their youngest brother, had died earlier in March 1953. filed an application under Sec.11, Bihar Buildings (Lease, Rent and Eviction) Control Act, 1947, for eviction of the tenant, Rai Mohan Dutt, and got an ex pa