SAREMAL RATANCHAND Vs. JUHAR MAL BHABUTMAL

JUDGEMENT

(1.) THIS is a tenant's second appeal against the judgment and decree passed by the Additional District Judge. Sirohi, dated December 20. 1972, upholding the decree passed by Munsiff, Sirohi, dated December 23, 1971.

(2.) THE suit, out of which this appeal arises, was brought by the respondent-landlord against the appellant-tenant, on October 13, 1969, for the recovery of arrears of rent and ejectment from the suit premises. The grounds on which the eviction was sought were three-fold. Firstly, that the defendant had committed default in payment of rent for six months; secondly, that the landlord required the suit premises reasonably and bona fide for his personal use; and thirdly, that the tenant had sub-let a part of the demised premises without the permission of the landlord. The defendant resisted the suit. The trial court decreed the suit for eviction solely on the ground that the tenant had sub-let a part of the premises to one Moolchand without the premission of the landlord. This finding was upheld by the lower appellate court. The tenant-defendant has now preferred this second appeal.

(3.) ADMITTEDLY, on October 13, 1969, when the present suit for eviction was presented, the sub-tenant was not in occupation of the suit premises or any part thereof. By the time, the suit was filed, the sub-tenant had vacated the permises. He was also not occupying, the suit premises when the notice dated september 19, 1969, terminating the tenancy was sent. But, he was admittedly there occupying the part of the suit premises as sub-tenant when earlier notice dated October 23, 1967 was sent calling upon the appellant to vacte the premises. The above facts are no longer in dispute.