G.N.Prasad, J.

1. This appeal has been preferred by defendant No. 2 In a suit instituted by the plaintiffs for eviction of the defendants from the shop premises comprised in Holding No. 50, in Ward No. 11 of Gaya Municipality and for a declaration that the order dated 22-11-1958 passed by the House Controller fixing Rs. 15.50 as the fair rent for the said premises Is illegal and without jurisdiction.

2. The case put forward by the plaintiffs is as follows: Sometime in 1946, two rooms of the house in question were let out to the defendants on a monthly rental of Rs. 69/- and Rs. 52.50 respectively. Subsequently, the two rooms were amalgamated into one by breaking the intervening wall and a new tenancy in respect of the same was created with effect from the 20th September 1952 on a consolidated rent of Rs. 121.50 per month. The transaction was incorporated in a Kirayanama for a term of three years which was executed by the defendant No. 2 as the Karta of his joint family. On 29-10-1953. however, defendant No. 1, who is the brother of defendant No. 2, applied to the House Controller for fixation of fair rent for the premises and House Rent Control case No. 119 of 1953 was acco