G. K. MISRA, C. J.

( 1 ) OPPOSITE Parties 1 and 2 are the landlords. Opposite Party No. 1 died during the pendency of the writ application and his legal representatives have been substituted. Petitioner and opposite party No. 3 are the tenants under the landlords in respect of a house situate in Bhapur in the town of Berhampur. The case of the tenants is as follows. The house in question was let out to them in the year 1954 on a monthly rent of Rs. 20/- which was subsequently raised to Rs. 60/ -. The tenants with a view to start a hotel in the year in question made some alterations, additions and improvements with the consent of the landlords for which they had to incur expenses of Rs. 6,200/ -. For the amounts so spent by them, deceased opposite party No. 1, executed a pronote for Rs. 1,200/-on 2-71954 in their favour and further agreed to deduct Rs. 10/- from the house rent every month towards the dues. The landlords had outstanding dues of Rupees 7,400/- payable to the tenants. They agreed that unless and until the dues were paid up they would not ask the tenants to vacate from the house in question. To avoid payment of the outstanding dues the landlords mala fide filed an appl