1. In this case the petitioners allege that they are owners of the house situated in holding No. 39 in circle No. 28 of the Patna Municipal Corporation, and in a portion of the house respondent No. 3, Sri Nigam Chakravarty, Sub-Deputy Collector, was in occupation as a tenant paying monthly rent for the portion so occupied. Respondent No. 3 was transferred to Dhanbad, and on the 3rd January, 1959, the petitioner received a notice from the District Magistrate of Patna. to the following effect :

"To

Shri Sudhindra Nath Ghqse for self and for his brother Sri Sachindra Nath

Ghose and Sri Rabin-dra Nath Ghose "Mohan Kutir" Devendra Nath Das Lane,

Langertoli, Patna-4.

Whereas Sri N. K. Chakervaty, Sub-Deputy Collector Patna who has been

occupying house bearing holding No. 39 Circle No. 28, in Abul As Lane,,

Langertoli, Patna-4, of the Patna, Municipal Corporation is vacating the house

on or about 2nd January, 1959, I, B. Sinha, I.A.S., District Magistrate,

Patna, in exercise of the powers conferred upon me Under Section 11(2) A of

the Bihar Buildings (Lease, Rent and Eviction) Control Act, 1955, do hereby

allot the above house to Sri V, Prasad,, Treasury Officer, P