ZAWAR HASAN Vs. RAKHALDAS BANERJI

JUDGEMENT

(1.) This second appeal arises out of a suit instituted by respondent 1, Rakhal Das. Banerji for the eviction of the appellants and respondent 2 from a house situated in Mirjan Lane in the city of Lucknow. The house was let to respondent 1 Mohammad Abdul Aleem in 1942 at Rs. 23/- per month. The rent was subsequently raised to Rs. 35/-per month. In October 1950 the owner wrote to his tenant to vacate the house since it was required for the owner's own use and occupation. The tenant failed to vacate and in the meanwhile sub-let the house to the appellants without authority or consent either from his landlord or from the Rent Control and Eviction Officer.

(2.) In June 1951 the owner returned to Luck-now and gave the tenant as well as the appellants notice to quit the house by 30-9-1951. The tenant paid up all the arrears of rent due upto. 30-9-1951 but the house was not vacated since the appellants continued to be in possession of it. The owner therefore instituted the suit out of which this appeal arises for the eviction of the defendants as well as for damages for use and occupation.

(3.) The learned Munsif decreed the suit for ejectment against all the defendants and he passed a decree for Rs. 87/8/- for use and occupation at the rate of Rs. 35/- per month against Mohammad Abdul Aleem alone on the ground that it was Mohd. Abdul Aleem alone who was the tenant and that there was no privity of contract between the plaintiff and the appellants.