1. This is an appeal against the order in O.P. No. 69 of 1951 on the file of this Court. That O.P. was filed under Art. 226 of the Constitution and the relief claimed was that the records in the Rent Control proceedings in B.R.C. No. 190/1950 before the Rent Controller may be called up and that a writ of certiorari may be issued cancelling the order of eviction passed against the tenant in possession of the building in respect of which the proceedings had been started. The present is the second occasion on which the order on the O.P. has been challenged in appeal. The O.P. was dealt with by a Single Bench of this Court and the learned judge who dealt with the matter passed his first order on 1.10.1951 (KLT 639) allowing the petition and quashing the order of eviction which the Rent Controller had passed against the tenant and which was confirmed by the appellate authority and also in revision by Government. The landlord had preferred A.S. No. 937/1951 against the order allowing the O.P. In the course of the hearing of that appeal it was disclosed that the facts which the learned judge assumed to be admitted and uncontroverted and which were made the basis of his conclus