( 1 ) IN this appeal, the appellants, who are admittedly owners of premises No. 196/1, Rash Behari Avenue, Calcutta have challenged the propriety of the judgment of a learned single Judge of this Court dated July 24, 1980, whereby the learned Judge, while issuing the Rule Nisi on the application of the appellants under Article 226 of the Constitution, has refused their prayer for an interim order directing the respondents to restore possession of the first and second floors of the said premises to the appellants.

( 2 ) THE case of the appellants as stated in the writ petition is inter alia that they had let out the first and second floors of the disputed premises to "suralirtha", a music and dance school. The appellants filed a suit for eviction being Title Suit No, 581 of 1978 of the second court of Munsif at Alipore against the persons in management of the said school on the grounds of reasonable requirement of the appellants of the said two floors of the disputed premises, default in payment of rent, sub-letting etc. The said suit was decreed ex parte on Apr. 16, 1979. Thereafter, the appellants put the said decree in execution and obtained possession of the sai