JUDGMENT

G. Mehrotra, J. - This is a petition Under Article 226 of the Constitution by the owner of premises No. 13-A, Rajpur Road, Dehra Dun, praying that a writ of certiorari be issued to quash the District Magistrate's order dated 2-12-1954, the Rent Control and Eviction Officer's order dated 30-12-54 and the Addl. Commr's. order dated 6-7-55 and all proceedings for the ejectment of the applicant held in pursuance of these orders; and further that a writ of mandamus be issued commanding the District Magistrate and the Rent Control and Eviction Officer to evict the opposite party No. 4, Sri Gangadhar Jayal, forthwith and to deliver the possession of the premises to the applicant.

2. The facts as set out in the affidavit filed in support of the petition briefly are that one Sri Nitya Nand Khanna was the tenant of the premises and used to carry on business of exhibiting films in the said premises under the name and style of "New Empire Talkies". He made habitual defaults in the payment of rent and a suit for his ejectment was filed in the Court of the Civil Judge, Dehra Dun, in the year 1944, which was ultimately decreed on 26-2-1946. The decree however in view of the UP (Temporary)