Judgment

SARKAR, J. :

In my opinion this appeal should succeed.

2. The respondent landlords demised certain premises to Maneklal Mafatlal for a term of five years from March 5, 1950. The tenant continued in possession after the expiry of the term under the protection from eviction given by the Bombay Rents and Lodging House Rates (Control) Act, 1947, which came into force on February 2, 1948. On April 27, 1956, the landlords filed a suit against him for eviction for non-payment of rent and obtained a decree on June 22, 1960. While this suit was pending the tenant sub-let a part of the demised premises to the appellant. In execution of the decree the landlords got possession of a small part of the premises which was in the actual occupation of the tenant. As to the rest, the sub-tenants in possession including the appellant resisted eviction. The appellant in fact filed a suit against the landlords claiming that under S. 14 of the Act it had upon the determination of the interest of the tenant in the premises by the decree against him become their direct tenant of the portion sub-let to it and asking for a permanent injunction restraining the landlords from evicting it. In that suit th