B. L. Yadav, J.

1. By the instant writ petition under Articles 226 and 227 of the Constitution of India the prayer of the tenant is that the order dated 7.12.1992 (Annexure-4)passed by the House Rent Controller under section 5 read with Sec.8 of Bihar buildings (Lease, Rent and Eviction) Control act, 1982 (compendiously the Act) passed in an application for enhancement of rent and the order of the Collector and Commissioner of bhagalpur (Annexs-5 and 6) dated 8.2.1994 and 30.5.1994 respectively enhancing the rent from Rs.135/- to Rs.1862/- be quashed by issuing writ of cer-tiorari.

2. So much of the facts necessary for the disposal of this petition are these : -

The respondent no.4 is the owner-cum-landlord of the disputed permises. Prior to him Kedar Nath Sah was the original tenant and after his death respondent no.4 purchased the accommodation, old holding no.1098, New holding no.69 situated on Station Chowk, Shujaganj Bazar road, present ward no.16 in the city of bhagalpur, from the original owner/landlord and this is how he stepped into the shoes of the original owner. Sri Sah, original tanant was paying Rs.135/- per month as rent. Present petitioners are in occupation of 1000 sq. feet covered area. An application was filed by the owner of the building for enhancement of rent keeping in view the area covered. Prayer was made that rent may be enhanced to the extent of Rs.4000/- per month (vide application Annexure-1 ).

3. The application for enhancement of the rent was contested by the petitioners, tenant with the averments that the building was a part of Tilak Babus Hat. The land was in dilapidated condition and was settled with the ancestor of Kedar Nath Sah with the permission of the landlord. The enant renovated the building and carried their business of sweetmeat. Landlord, respondent no.4, never objected to construction of the building. Originally the ground rent was only Rs.30/- which was later on enhanced to Rs.135/-. The building was purchased by respondent no.4 along with other shops in July, 1969.

4. The Rent Controller vide order dated 7.11.1992 fixed the fair rent at Rs.1862/- (vide Ahnexure-4 ). The petitioners filed an appeal before the Collector, Bhagalpur which was dismissed for default on 8.2.1994 at the stage of admission (vide Annexure-5 ). Petitioners revision before the Commissioner, bhagalpur was also dismissed on 30.5.1994 (Annexure-6 ).

5. Against these orders present petition has been filed with the usual prayer to quash these orders (Annexures-4, 5 and 6 ).

6. Sri S. K. Majumdar, the learned senior counsel for the petitioners contended that on a correct interpretation of Section 8 (1 ) (c) and its Proviso the rent cannot be enhanced beyond that payable on 31.12.1980 and in any case even if some enhancement was to be made that canndt be more than 25% as provided in the proviso itself. He leaned heavily on two single judge decisions of this Court in Ram adhin Singh V/s. The State of Bihar and ors. reported in 1993 (1) P. L. J. R.637 and secretary, Balika Shiksha Bhawan V/s. State of Bihar and ors. reported in 1990 (1)P. L. J. R.61.

7. Sri Shashi Sekhar Dwivedi, the learned senior counsel for the respondents contended that interpretation to a statute of predominant social nature has to be made in that light. Proviso of Sec.8 has to be read along with provision of Sec.8 (1) (c)of the Act and Rule 3 of Bihar Buildings (Lease, Rent and Eviction) Control Rules, 1983 (compendiously the Rules) has also to be taken into account. These are benignant provisions from the point of view of landlord. The cases cited by learned counsel for the petitioners actually donot help the petitioner.

8. Sri V. N. Sinha appearing for the state has contended that the impugned order was perfectly correct as it was quite consistent with the provision of Section 8 (1) (c) and its Proviso read with Rule 3 of the Rules. These are beneficial statute from the point of view of landlord and may be interpreted in that light. T