A. K. Ganguly and J JJ.

1. A somewhat interesting question of law has been raised in this case which falls for consideration before this Court. Such question, arise out of the following facts of the case.

2. The petitioners are admittedly owners of the premises being holding no.384 situated in C. S. Plot Nos.829, 830 and 831 in Ward No.12 mohalla-Pakari, Arrah Town, P. D. Nawadah, Arrah District-Bhojpur (hereinafter referred to as the said premises ). In the year, 1970 the said premises was let out to the District commandant Home Guards Arrah (respondent No.3) at a monthly rental of Rs.300/-. Considering the rent to be rather low, on 22nd january, 1987 petitioner No.1 wrote a letter to respondent No.3 requesting him to enhance the rent of the said premises in accordance with the provisions of Bihar Buildings (Lease, rent and Eviction) Control Act, 1982 (hereinafter referred to as the said Act ). On receipt of the said letter, respondent No.3 the tenant in his turn, wrote a letter dated 23rd february, 1987 to the respondent No.6, the Sub-Divisional Officer, Arrah requesting him to fix the fair rent of the said premises. As nothing happened, respondent No.3, the tenant, furth