Judgement

SABYASACHI MUKHARJI, J. :- This is a petition for special leave to appeal against an order and judgment. of the High Court of Calcutta dated 24th September, 1986. By the impugned judgment and order the High Court has held that the present petitioner was not a sub-tenant and as such he was bound by the decree passed against the tenant for eviction. The petitioner challenges that finding and contends that he was a sub-tenant with knowledge and consent of the landlord and as such it does not bind him because in the suit he was not a party. There should have been a separate suit according to him. He should have been made a party to the suit. The High Court has held against this contention. We are of the view that the High Court was right. Our attention was drawn by Mr. Kacker to the agreement of 1st of September, 1966, contending that this was an arrangement of subletting and in that document one of the attesting witnesses was landlord himself. Therefore, this is done with the knowledge and consent of the landlord and as such valid. The agreement states, inter alia as follows :

"THIS MEMORANDUM OF AGREEMENT made this the 1st September, 1966 BETWEEN ABDUR RAHAMAN son of late Nab