JUDGMENT

SHARMA, J.:— This is a tenants appeal against the decree for his eviction from certain disputed premises passed by the Rent Controller, Delhi and confirmed in appeal and second appeal.

2. The reaspondent, the owner of the premises, let it out to the appellant in 1961 as a monthly tenant. An, unregistered deed of lease was executed on that occasion containing the following statement as one of the clauses :

"That they will not assign or under let or part with the premises hereby demised without the permission in writing of the landlord subject however to this proviso that they shall be entitled to assign or otherwise part with the possession of the said premises or any part thereof to their associate concerns without such consent but in any event the lessees shall be liable" for, the payment of the rent during the term hereby, granted."

3. The appellant is a manufacturing company of Scooters, Pickup Vans and Auto, Three-Wheelers. Alleging that the appellant had sub-let the, premises to M/s. United Automobiles without his consent,, the respondent contended that. the ground mentioned in S. 14 (1) Proviso (b) of the Delhi Rent Control Act, 1958 was made out and the appellant was l