G. K. MISRA, J.

( 1 ) DECEASED Jaharilal was the owner of a residential house at Mangiabag bearing holding No. 103 in Ward No. 22 of the Cuttack Municipality. The house at present bearing Holding No. 120. He died on 16th of September, 1963 leaving behind the petitioners as his sole heirs. Jaharilal had let out the said premises to Mahindra singh Jaggi (Opp. 1) on a rental of Rs. 70 per month with effect from 16-8-1952 on the basis of a written agreement. The case of the petitioners as narrated in the writ application runs thus: opposite party No. 1, deliberately did not pay the rent of the premises from the third month of the tenancy. On the other hand, he filed an application before the House Rent Controller in House Rent Control Act case No. 11 of 1953 for fixation of fair rent. The Controller determined the rent at Rs. 33 per month. In appeal, it was raised to Rs. 60 per month by an order dated 24-1-1955. On 7th of November 1952, O. P. 1 removed the wall in between the two bed rooms of the building and converted the rooms into a shop room and opened a shop therein, in contravention of the terms of the tenancy, Jaharilal instituted Money Suit no. 96 of 1953 in the court of the M