S. K. Jha, J.

The facts involved in these two applications under Articles 226 and 227 of the Constitution at the instance of the same person are identical and the points of law involved common. Hence this common judgment. The respondents also are the same in the two applications and the order impugned is that incorporated in Annexure 3 to each of the petitions. The petitioner is the tenant in two premises in Ward No. 3, Circle No. 5, in the town of Bhagalpur, and respondent no. I is the landlord there of Annexure 3 is an order dated the 22nd of July, 1974 passed by respondent no. 2 purporting to Act, under section 12(3) of the Bihar Buildings (Lease, Rent and Eviction) Control Act, 3 of 1947 (hereinafter to be called the Act). The prayer made is for the issuance of a writ of certiorari quashing the entire proceedings under section 12 (3) of the Act, against the petitioner at the instance of respondent no. 1 in each of the applications.

2. The facts are admitted. The undisputed facts are that an application under section 12 (3) of the Act, was filed by Shital Prasad Saha (respondent no. 1) in the Court of the Munsif, 2nd Court, Bhagalpur (respondent no. 2), for passing an orde