Raj Kishore Prasad, J.

1. This Letters Patent Appeal is from the judgment of Khaleel Ahmad J. in a miscellaneous second appeal, arising put of a proceeding under Sec. 47, Civil P. C.

2. The sole question for determination, on this appeal, is, whether Sec. 47, Civil P.C. applies to the present case.

3. The respondent, as landlord of holding No. 143A, lying within the Madhubani Municipality, applied for eviction of his tenant under Sec.11 (1) (a), Bihar Buildings (Lease, Rent and Eviction) Control Act, 1947 (Bihar Act III of 1947). To this application, the admitted tenant Parmanand Jha, and, also the appellant, who was alleged to be a sub-lessee from the tenant, were made parties, and, eviction was sought against both. The tenant was opposite party 1, and, the appellant was opposite party 2 to this application for eviction. The House Controller on 18-7-1955, passed the following order:

"O.P. 1 (tenant) has not shown cause against eviction as prayed for by the petitioner (landlord). O.P. No. 1 is, therefore, ordered to put the house in question in petitioners possession by 18-9-55. The petitioner denies any relationship of landlord and tenant with O. P. No.

2. The petitioner,