A.N. Varma, J. - (1.) THIS petition has been filed by the tenants and the heirs of one Brij Bhusan Lal to whom the accommodation in dispute is alleged to have been sublet. The petition is directed against concurrent orders passed by the courts below decreeing the suit filed by the plaintiff -respondent No. 3 for the ejectment of the petitioners on the ground of subletting and default. Both the courts below have on a very careful and exhaustive consideration of the evidence on the record found that the tenants had sublet the disputed accommodation without the consent of the landlord. The courts below have further found that the tenants have committed default in paying the arrears of rent. Accordingly, the suit filed by the plaintiff -respondent has been decreed both for ejectment as well as for arrears of rent and damages.
(2.) SHORTLY , the plaint case was that the accommodation was let out to one Krishna Kant from 1.12.67 at a monthly rent of Rs. 130/ -. Krishna Kant died On 15 -12 -1971 leaving behind him defendant Nos. 1 to 6 as his heirs and legal representative. Krishna Kant sublet a part of the residential accommodation to defendant No. 7 and the shop which was also in the tenancy of Krishna Kant to defendant No. 8 without the plaintiff's consent. The tenant also fell in arrears of rent whereupon a composite notice was served on the heirs of Krishna Kant on 29 -1 -1972 demanding the arrears of rent as well as terminating the tenancy. The tenants who are the heirs of Krishna Kant, failed to comply with the notice whereupon the present suit was filed for ejectment as well as arrears of rent and damages.
(3.) THE suit was contested by the defendants on the allegation that Krishna Kant was a tenant of the disputed accommodation for 40 years from the time of his father Dwarika Prasad while defendants Nos. 7 and 8 were continuing in occupation of the accommodation as relations of Dwarika Prasad from his lifetime. Krishna Kant had not executed any rent note on 1 -11 -1967. Defendants No. 7 and 8 were, in any case, in the occupation of the accommodation with the consent of the plaintiff.;