BIND BASNI PRASAD, J.

( 1 ) THIS is an application under Article 226 of the Constitution for a writ of mandamus or alternatively for writs of certiorari and prohibition arising under the following circumstances:

( 2 ) THE applicants are a firm of traders having their Head Office at Calcutta. They were the tenants of opposite party No. 1, the Maharajkumar of Vizianagram, in the premises bearing municipal No. S17/328 situated at Station Road in Banaras Cantonment and in these premises they carried on the business of the sale of petrol. They had also an automobile servicing station in these premises. The tenancy started in 1938 when a lease for a term of five years was made in favour of the applicants by the Maharajkumar on a monthly rent of Rs. 40/ -. There was an option of renewal in the deed of lease and such renewals, took place from time to time. The lease ended on the 31st May, 1951 and at that time the premises were held by the applicants on a monthly rent of Rs. 120/ -. On the 21st April, 1951, the Maharajkumar served the applicants with a notice to quit. The applicants did not vacate the premises. The Maharajkumar then, applied to the district Magistrate of Banaras under Secti

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