RAJARAM Vs. PRAHLADDAS

JUDGEMENT

(1.) THIS is a defendants' second appeal against the judgment and decree dated the 8th of March 1960 passed by the First Addl. District Judge, Gwalior, in Civil Appeal No. 23 of 1960, whereby he reversed the judgment and decree dated 8 -8 -1958 passed by the 2nd Civil Judge Class II, Gwalior in Civil Original Suit No 331 of 1957.

(2.) THE suit out of which the present appeal arises was filed by the respondent for ejectment of the present appellant from a shop on the grounds that he required it for his personal use, that the defendant was in arrears of rent and that he had sub -let the shop.

(3.) THE only point urged by the learned counsel for the appellant in support of this appeal is that there is no evidence in the case to show that Rajaram had given exclusive possession of the shop to Kishan or that he had legally divested himself of his right to use the same. Reliance was placed by the learned counsel in support of this proposition on the case of Naraindayal vs. Deepchand (1955 MBLJ 2076) wherein it was held by Dixit J (as he then was) that the mere fact that a person is allowed to use the premises while the lessee retains legal possession is not enough to create a sub -lease.