R.S. BACHAWAT, J.

(1) THIS appeal arises out of a suit for ejectment by a landlord against a tenant. The defendant is the tenant of six shops belonging to Thakurji Shri Shri Dwarkadheeshji installed in the temple at Chaura Raasta, Jaipur. Devendra Prasad is the adhikari or manager of the temple. He gave a notice to the defendant to quit the shop on 1/08/1957. On 28/02/1958, the deity and Devendra Prasad filed a suit against the defendant claiming recovery of possession of-the six shops and Rs. 1,006.00 on account of arrears of rent. The suit was governed by the Rajasthan Premises (Control of Rent and Eviction) Act, 1950 (Act No. XVII of 1950). The plaintiffs asked for ejectment of the defendant on the ground that he had sub-let the six shops. The other grounds of ejectment were not established, and it is not necessary to mention them. The courts below concurrently found that Devendra Prasad as the adhikari of the temple was entitled to give the notice to quit and to maintain the suit.

(2) THE trial court held that (1) all the six shops were sub-let by the defendant; (2) the sub-letting was with the permission of the landlord and (3) the notice to quit was waived by ac