R.K.Choudhary, J.

1. The short facts leading to the presentation of this application under articles 226 and 227 of the Constitution of India are these:

2. In the year 1939-1940 the petitioners took orally a house in the town of Samastipur from the then landlord on a monthly rent. That landlord in February, 1941, sold the house to opposite parties 2 to 9, but the petitioners continued to remain in the house. On 1-2-1955 the above opposite parties made an application before the house controller at Samastipur under Sec.11 of the Bihar Buildings (Lease, Rent and Eviction) Control Act, 1947 (Bihar Act III of 1947), hereinafter to be referred to as the Act, for the eviction of the petitioners on the ground of nonpayment of rent as well as on the ground of personal Necessity.

On the same day the petitioners remitted the rent for September to December, 1954, by money order, but the above opposite parties refused to accept the Same on 5-2-1955, and, there upon the petitioners, on 8-2-1935, deposited the rent for September, 1934 to January, 1955 in Court. On 14-2-1955, the house Controller held against the landlords on both the grounds and dismissed the application. An appeal preferr