- (1.) This is a tenant's petition. It is directed against concurrent orders passed by the courts below decreeing a suit filed by the Plaintiff-Respondent against the Petitioners for the latter's ejectment from the certain premises situate in the city of Bareilly.
(2.) Shortly stated the plaint case was that the Petitioner No. 1 Mohd. Ayub Khan (who was arrayed in the suit as Defendant No. 1) was the tenant of the Plaintiff in the house in dispute. He, however, without the permission of the Plaintiff sublet the accommodation in dispute to Babu Khan (Defendant No. 2 in the suit). It was also asserted that the Petitioners had committed a default. The Plaintiff served a notice of demand and termination of tenancy on Defendant No. 1. However, the tenant neither paid the arrears of rent nor vacated the accommodation in dispute and hence the suit.
(3.) The suit was contested by the Petitioners who denied that Defendant No. 1 had sublet the accommodation to Defendant No. 2. It was asserted that Defendant No. 2 was the brother-in-law (wife's brother) of Defendant No. I. He was residing in the house in dispute with Defendant No. 1 from the very childhood. The plea of default was also repudiated by the Defendant No. 1.;