JAGGOO Vs. SARDAR GURMUKH SINGH

JUDGEMENT

(1.) THIS second appeal has been filed by defendants 2 and 3 who are sub-tenants and is directed against the con current decisions of the courts below decree ing the plaintiff's suit for ejectment and re covery of Rs. 175.00 as arrears of rent and damages for use and occupation for the period from 1-4-1967 to 15-9- 1968.

(2.) PLAINTIFF -respondents Nos. 1 and 2 filed a suit for ejectment and arrears of rent in respect of two shops against the appellants and respondent No. 3 on the allegations that respondent No. 3 Laukush was the tenant-in-chief of the two shops in dispute on a rent of Rs. 10.00 per month and that he had sublet the shops in question to the appellants. It was alleged that defendant No. 3 was defaul ter in payment of rent and he had illegally sublet the premises and, as such, was liable to ejectment. Plaintiffs- respondents Nos. 1 and 2 purchased the shops in suit from Indra Narain Khanna, the previous landlord. The plaintiffs had served a notice on respondent No. 3 alone terminating his tenancy but he failed to vacate the shops.

(3.) DEFENDANTS Nos. 2 and 3 (appel lants) pleaded, inter alia, that defendant No. 1 was not the tenant of the shops in dispute, that defendant No. 2 was the tenant of the western portion of the shop for the last twelve years on a rent of Rs. 10.00 per month and defendant No. 3 was the tenant of the eastern portion of the shop in dispute on a rent of Rs. 7.00 per month and that sometimes rent was also sent through defendant No. 1 to Indra Narain Khanna as defendant No. 1 was friendly with him.