RAM CHARAN CHAUBEY Vs. JAGDISH SHANKAR

JUDGEMENT

(1.) THIS is a defendants' second appeal arising out of a suit for ejectment from a shop situate at P-Road, Sismau, Kanpur. Both the courts below have, on a concurrent finding that the defendants appellant has illegally sub-let the shop to defendants 2 and 3 without the consent of the plaintiff' and the permission of the District Magistrate, decreed the suit,

(2.) SHORTLY stated, the plaint case was that the plaintiff was the owner and landlord of the disputed shop which was let out to Ram Charan Chaube, the defendant no. 1, at a monthly rental of Rs. 15/-. Ram Charan Chaube, however, illegally sublet the shop to Mahesh Chandra Chaube, the defendant no. 2, his uncle, without the consent of the plaintiff or the permission of the District Magistrate whereupon the plaintiff determined the tenancy of the defendant no. 1 by means of a notice asking him to vacate the shop. On failure of the defendants to vacate the shop, the suit was brought for their ejectment.

(3.) ON appeal, the lower appellate court endorsed the findings of the trial court after a very careful and exhaustive consideration of the oral and documentary evidence led by the parties as well as the circumstances emerging therefrom.