LAXMI NARAYAN GAURI SHANKAR Vs. GOPAL KRISHNA KANORIA

JUDGEMENT

(1.) This second appeal is by a tenant against whom respondent No. 1 instituted a suit for eviction from a house situated in Fatna City. The suit for ejectment was instituted on the grounds of (1) personal necessity, (2) subletting to respondent No. 2, and (3) material damage caused to the building by the sub-tenant, respondent No. 2.

(2.) Both the courts below negatived the plaintiff's case of personal necessity as well as subletting on the ground that the sub-lease was created with his consent but the third ground has been accepted and the suit has been decreed by both the courts on the ground of material deterioration in the building caused by wrongful act of the respondent No. 2, the sub-tenant.

(3.) The present appeal has been filed only by defendant No. 1, the head-lessee, and the sub-lessee has filed an application under Order 41. Rules 4 and 33 read with Section 151 of the Code of Civil Procedure that in case of success of the appellant, the decree for his eviction from the premises in question should also be set aside. When the appeal was placed for hearing before a learned single Judge of this Court, it was contended by the learned counsel for the appellant that the appellant cannot be held liable in law for the alleged act of the sub-tenant and, therefore, the decree for eviction was without jurisdiction. In view of the fact that there was no direct decision relating to a sub-lessee of a building he referred the matter to a Division Bench and accordingly the case has been placed before us for hearing.