CHAINTAMANO SAHU Vs. SURENDRANATH SAHU

JUDGEMENT

(1.) DEFENDANT No. 3 has brought this second appeal against the confirming judgment of the Court below arising out of a suit brought by the plaintiff for ejectment of the defendants from the house in suit, for arrears of rent and for damages. The plaintiff's case is that in 1s40 he let out two rooms and a verandah to defendant No, 1. Subsequently defendant No. 1 had introduced a sub-tenant (defendant No. 2) and sometime after defendant No. 1 again introduced another sub-lessee (defendant No. 3) into the house in suit. The plaintiff served a notice to quit on defendant No. 1 by 31-8-51. He therefore prays for arrears of rent to the extent of Rs. 525/-, that is till the termination of the tenancy on 31-8-51. He also prays for damages against all the three defendants from 1-9-1951 till they deliver vacant possession of the house, in suit. The plaintiff's averment is that these two defendants, that is, defendants 2 and 3, who were subsequent sub-lessees of defendant No. 1 are occupying portions of the suit house without his consent and that he had never accepted them as his tenants. It is to be noted that he has treated them as mere trespassers against him.

(2.) THE suit was resisted by the defendants mainly on the ground that in fact the plaintiff was a party to the arrangements as between defts. 1, 2 and 3. Indeed defendants 2 and 3 were subsequent lessees introduced to the suit house by defendant No. 1; but nevertheless that was done with the consent and approval of the plaintiff. The notice having been served only on defendant No. 1 the suit for ejectment as against all the defendants, who are tenants of the plaintiff, is incompetent.

(3.) THIS plea of the defence has been negatived by both the Courts below who have found as a matter of fact that the sub-leases in favour of defendants 2 and 3 at different times were never with the consent of the plaintiff. The trial Court therefore granted the relief for ejectment and ordered a decree to be passed in respect of arrears of rent of Rs. 525/- as against defendant No. 1 alone. But regarding damages from 1-9-51 till delivery of possession, the Courts below have granted a joint decree against all the three defendants.