Judgement

SARKAR, : The appellants are trustees of a certain trust which owns a big block of buildings situate at Matunga in the city of Bombay. The room in this block of buildings are let out to various tenants. One P. S. Nambiar was a tenant of room No. 26 in this block for a long time. He had left the room without informing the appellants and having put one K. A. Nambiar in possession. It is not known when P. S. Nambiar left. The appellants never accepted K. A. Nambiar or any one else as the tenant. No rent had been paid in respect of the room since January 1, 1956 which was prior thereto being paid in the name of P. S. Nambiar.

2. The appellants terminated the tenancy of P. S. Nambiar by a notice to quit, expiring on December 31, 1957, and thereafter on March 26, 1958 filed a suit in the Court of Small Causes, Bombay, against P. S. Nambiar and K. A. Nambiar for recovery of possession of the room, P. S. Nambiar being sued as the tenant and K. A. Nambiar as the person in occupation of the room. The grounds on which ejectment was sought were that (1) P. S. Nambiar had sublet the room without the permission of the appellants, (2) he had been in arrears with his rent from January 1, 1