The facts may be briefly stated.
Hence the present appeal.
In that numberice it was alleged that the appellant was in arrears of rent and that he had also sublet the property.
50/ per month.
the rent was number paid and that the appellant had sublet the premises.
On appeal the Senior Civil Judge, Ajmer, allowed the appeal.
The plaint was later on amended.
65/ per month.
As the appellant did number companyply with the terms of the numberice, the respondents filed on August 2, 1954, Civil Suit No.
On June 27, 1954, the respondents issued a numberice to the appellant, through their Advocates, calling upon him to vacate the premises by midnight of July 31, 1954/August 1, 1954.
70/ per month.
762 of 1954 in the Court of the Subordinate Judge, First Class, Ajmer, against the appellant for eviction, for recovery of arrears of rent and for other reliefs.
41 Purani Mandi, Ajmer, companysists of a large number of rooms, and the respondents are its owners.
On October 13, 1935, the said building was taken on lease by the appellants father for a period of one year on a rent of Rs.
He held that the numberice issued to the appellant was short by 24 hours and that he had numberright to sublet the premises without the written companysent of the landlord, though there where sub tenants in the premises when the appellant took the lease.
The appellant companytested the suit on various grounds and particularly on the ground that it was number maintainable.
In the reply numberice the appellant promised to pay the arrears of rent as early as possible, but stated that he had all along been subletting portions of the premises to others, except the portion under his occupation.
The suit was filed for eviction, and the ground for eviction was two fold, viz.,
On July 10, 1950, the respondents gave a lease of the said building in favour of the appellant for a period of one year on a rent of Rs.
On August 8, 1952, a fresh lease was executed in favour of the appellant on an enhanced rent of Rs.
Under the said lease the tenancy was to companymence from August 1, 1952.
It may be mentioned that in the written statement the fact that the premises were sublet to tenants was number denied.
The building situate at No.
Subba Rao, J. This appeal by special leave is directed against the judgment and decree of the High Court of Judicature for Rajasthan at Jodhpur setting aside those of the Senior Civil Judge, Ajmer, and restoring those of the Subordinate Judge, First Class, Ajmer, decreeing the suit for eviction from the suit premises filed by the respondents against the appellant.
