R. N. MISRA, J.

( 1 ) THIS is an application under Article 226 of the Constitution for a writ of certiorari and challenge is to the order of eviction passed by the Controller and upheld in appeal.

( 2 ) M/s. Health Stores is a registered partnership firm of which the other petitioners are partners. Opposite Party No. 1 is the landlady of the premises located within the town of Cuttack of which the firm is a monthly tenant. The tenancy began with a rent of Rs. 90/- in the year 1958 which was enhanced to rs. 120/-and ultimately to Rs. 146/- per month. Opposite party No. 1 started a proceeding under Section 7 of the House Rent Control Act in H, R. C. Case No. 59 of 1976 alleging that the tenancy was for opening of a shop, but the premises was being used as a godown as a result of which the same was being damaged; the land- lady's son wanted to run his own business in the disputed premises and as such the house was required in good faith for occupation of a member of her family. On behalf of the tenant, both the pleas were denied. It was pointed out that the disputed premises was of the size of 28 feet x 12 feet. The firm had already been running a shop in the name and style of M/s.