SINHA, J. - (1.) THIS is an appeal from an order made by Banerjee J. dated 14 -2 -1950, whereby he dismissed the application of the applt. for an injunction restraining resp. 1 from executing a decree for possession obtained by him against resp. 2.
(2.) RESPONDENT 2 (hereinafter referred to as the tenant) was a tenant under resp. 1 (hereinafter referred to as the landlord) in respect of Room No. 12, in premises no. 29, Waterloo street, at a monthly rent of Rs. 51. In August 1949, the tenant sub -let a portion of the said room to the applt. at a monthly rent of Rs. 70. The tenant did not pay any rent to the landlord for June, July and August 1949. On 9 -9 -1949, the landlord through his attorney wrote to the tenant to vacate the room within three days. The tenant not having vacated, on 21 -9 -1949, the landlord filed Suit No. 3938 of 1949 against the tenant for recovery of possession and for arrears of rent. The applt's. case is that in January 1950 he came to know that the landlord had filed a suit for possession against the tenant and was going to obtain a decree. The appellant thereupon offered to pay rent to the landlord which was refused. On 10 -1 -1950, the applt. wrote to the landlord through his attorney alleging that the interest of the tenant having been determined, the applt. should be deemed to be a tenant directly under the landlord.
(3.) THE landlord's suit against the tenant was decreed on 20 -1 -1950.;