R. K. DAS, J.

( 1 ) PETITIONER No. 1 is the father of petitioner No. 2. They are occupying a house belonging to the plaintiff-opposite party in the town of Berhamjmr from 18-4-57. It was the case of the plaintiff that the rent of the said house was originally fixed at Rs. 70/-whereas the case of the defence was that the rent was fixed at Rs. 50/ (fifty ). We are not however concerned at this stage with that part of the controversy.

( 2 ) THE plaintiff filed Money Suit No. 51/ 65 in the Court of the Subordinate Judge, berhampur, for realisation of arrears of rent covering a period of three years that is, from 15-6-62 to 15-5-65 claiming the rent at the rate of Rs. 100/- per month.

( 3 ) IN the written statement the defendants took the plea that the rent payable was section 30a and that it was neither Rs. 70/- nor Rs. 100/- as alleged by the plaintiff.

( 4 ) AFTER filing of the money-suit the defendants-petitioners filed an application on 5-7-65 under Section 5 of the Orissa House Rent Control Act for fixation of a fair rent. The plaintiff also filed an application for eviction under Section 7 of the said act. Both the cases are now pending before the House Rent Controller. On 11