JUDGMENT

Y.K. Sabharwal, J.-The appellant and respondent No. 4 are brothers. Respondent Nos. 2 and 3 are also brothers. Respondent No. 1 is the son of respondent No. 2.

2. Respondent No. 4 came in possession of the property under rent note dated 24th December, 1968 executed in favour of respondent No. 1. His eviction was sought by respondent No. 1 on the ground of non-payment of rent and sub-letting. The eviction petition was filed some time in the year 1970. In answer to the eviction petition, the case set-up by respondent No. 4 was that there was no relationship of landlord and tenant between the parties and that had entered into an agreement with the vendors for the purchase of the property. The said agreement was brought about in the name of his elder brother because the family was joint. Respondents 2 and 3 had agreed to advance to him Rs. 15,000/- which was the balance amount payable to the vendors. By way of security they insisted that the conveyance deed should be in the name of respondent No. 1 and to cover the interest on the loan amount of Rs. 15,000/-, Rent note dated 24th December, 1968 was executed. In fact there was no relationship of landlord and tenant between the pa