SINGH, J.:-The following question has been referred by the learned single Judge to a larger Bench viz "whether the High Court can interfere sitting in revision with an order passed by a Subordinate Court which is within its jurisdiction," but which is discretionary in nature and if so, under what circumstances?

2. The circumstance which give rise to the reference above may be briefly stated. The Respondent No. 1 was a teacher under Respondent No. 2, and in that capacity he occupied a quarter of the present petitioner. The respondent No. 2 opened a Model School, a private institution, managed by a Governing Body. The petitioner herein with a view to help the respondent No. 2 placed at its disposal some quarters to be used for the purpose of the said school. The condition was that the aforesaid society, respondent No. 2, would pay to the petitioner standard rent plus Municipal taxes, water and electric charges and that the quarters shall be immediately handed over to the petitioner in case the same was no longer required for the purpose for which it was provided or in case the school was closed. The respondent No. 1 occupied a quarter for which he paid rent to the respondent