Amitabha Dutta, J. - (1.) This is an appeal by the defendants from the decision of the learned Additional District Judge, 6th Court at Alipore, 24 -Parganas affirming the decree for ejectment and mesne profits passed by the court of first instance. It is no longer disputed that the defendants who are a proprietary firm and its proprietor were monthly tenants in the suit premises under the plaintiffs who are the owners thereof, at a rent of Rs. 65/ - per month and that a valid notice to quit dated 25.7.1970 was served on the defendants on behalf of the plaintiffs calling upon them to vacate the suit premises or the expiry of April 1971. The alleged grounds of ejectment which are material for the present purpose are that the plaintiffs who are two brothers reasonably require the suit premises for their own occupation and they are not in possession of any reasonably suitable accommodation and that the defendant no. 2 sublet portions of the suit premises to several sub -tenants from 1965 onwards, without the consent of the plaintiffs
(2.) The defendants have contested the suit and in their written statement denied the aforesaid grounds.
(3.) The trial court passed a decree for ejectment on the ground that the plaintiffs reasonably require the suit premises for their own occupation and they are not in possession of any reasonably suitable accommodation. It held that the plaintiffs have not succeeded in proving the ground of subletting. The defendants appealed from the decision of the trial court and the plaintiffs filed a cross -objection. The first appellate Court has dismissed the appeal and allowed the cross -objection in part. The learned Judge has affirmed the decree of the trial Court and held that the plaintiffs have also proved the ground of subletting mentioned in Sec. 13(1)(a) of the West Bengal Premises Tenancy Act, 1956.;