JAINUDDIN Vs. GULAB

JUDGEMENT

(1.) THIS is a second appeal by one Jainuddin, an alleged sub-tenant, whose appeal from the judgment and decree by the trial court dated 12-3-1970 was dismissed by the learned Additional Civil Judge, Ajmer.

(2.) THE appellant was admittedly inducted as a tenant by the defendant No. 2 Ramdas, who died during the pendency of this litigation and is now represented by his heirs respondents Nos. 2/1 to 2/7 THE suit was instituted by Smt. Gulab for ejectment in respect of the premises in question against Ramdas alleging him to be her tenant, and Heeralal and Jainuddin, alleged to be his sub-tenants. Smt. Gulab was Ramnath's brothers's widow. She too has died during the pendency of this appeal and the heirs of Ramdas have been treated as her legal representatives.

(3.) IN the present case,therefore,the mere fact that the tenant Ramdas submitted a compromise petition wherein he admitted his position as a tenant and the alleged sub-letting by him, would not make the decree any the less binding on the sub-lessee, particularly when no collusion has been pleaded by the sub-lessee,