UNTWALIA, J.

1. This is a second appeal by defendant No. 1 from the judgment and decree of the lower appellate Court affirming the decision of the trial Court decreeing the suit of plaintiff respondent No. 1 for eviction of the appellant. In the appeal is involved an interesting question of law whether a second lessee who is known as a lessee of a concurrent lease during the pendency of the first lease can have a right of eviction of the first lessee on any or the grounds mentioned in Sec.11 of Bihar Buildings (Lease, Rent and Eviction) Control Act, 1947 (hereinafter called the Building Act).

2. Facts are elaborately stated in the judgments of the Courts below and some of them may be stated in a narrow compass here. There is a building within the meaning of the Building Act situated at New Dak Bungalow Road in the town of Patna, bearing holding No. 297/226 circle No. 6, Ward No. 2 of the Patna Municipal Corporation. There were many portions of this building. In one of the main portions respondent No. 1 was a tenant of defendant-respondents 2 and 3 in the eastern room. The appellant company has been a tenant of the western room. On the 16th of March, 1964 respondents 2 and 3