Judgement

BHAGWATI, C.J.I. :- The facts giving rise to this appeal lie in a very narrow compass and they may be briefly set out as follows.

2. The appellant was at all material times a tenant of the respondent in respect of a flat on the Southern portion of the first floor of a building bearing No. 128/20 situate at Hazara Road, Calcutta. On 13th July 1970 the respondent filed a suit for eviction against the appellant on the two grounds. One ground was that the appellant had committed default in payment of rent and the other ground was that the appellant had sub-let a part of the premises without the consent of the respondent. So far as the first ground is concerned, it is not necessary to state the facts on which this ground was founded, since both the trial Court as well as the first appellate Court held that there was no default in payment of rent on the part of the appellant and the High Court also in second appeal did not disturb this finding of fact. It was the second ground which prevailed with the High Court in second appeal and we will therefore state only the facts bearing upon that ground.

3. The case of the respondent was that the appellant had without the consent of the r