JUDGMENT - 1. The petitioner is the original plaintiff. On 1-9-1964 he filed a suit for possession of a shop situate in Ganji Market, Saraf Bazzar, Ward No. 6 of Ahmednagar City, bearing Municipal Committee No. 2801, City Survey No. 3093, against two defendants under the Bombay Rents, Hotel and Lodging House Rates (Control) Act, 1947, (hereinafter referred to as the Rent Act;) on the sole ground of defendant No. 1 tenant having failed to pay arrears of rent for more than six months in spite of service of notice under Section 12 (2) of the Rent Act. It was alleged that defendant No. 2 was running the said shop as the servant of the defendant No. 1 Defendant No. 1 did not contest and the proceedings were se ex parte against him. Defendant No. 2 contested the suit, pleading that he was a lawful sub-tenant and had paid rent to defendant No.

1 and cannot be evicted for breach of Section 12 (3) of the Rent Act by defendant No. 1.

2. The trial Court accepted the case of the plaintiff that defendant No. 2 was the servant of defendant No. 1 and passed a decree for eviction against both for non -payment of rent by defendant No. 1 and also a decree for rent against defendant No. 1. On appeal b

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