Untwalia, J.

1. The petitioner landlady is the owner of the house in question which is situated in the town of Hajipur. She had let out the ground floor of this house in April 1972 on a rent of Rs. 110.00 per month to Shri Ram-bilash Ram respondent 3 who was a Government servant posted as Assistant Superintendent of Police at Hajipur. An agreement was executed on 20-4-72 a copy of which is annexure 1. The petitioners case is that respondent 3 informed her orally on 30-10-72 that he would be vacating the demised premises by the end of November. 1972. Actually he vacated the premises on that date, i.e. 30-11-72. The petitioner came in actual physical possession, according to her of the premises on 1-12-72. Since she needed the premises for her own occupation and use she filed an application on 2-12-72 before the District Magistrate, Vaishali. a copy of which is annexure 2. The District Magistrate rejected her application on 6-12-72 by his order contained in annexure 3. But before that he purported to allot the house to Shri J. K. Sinha respondent 2, Superintendent of Police designate to be posted at Hajipur to be the Superintendent of Police of the new district Vaishali. The