1. This is a plaintiffs second appeal against the judgment of reversal passed by the learned Subordinate Judge, Purnea, in an appeal arising out of a suit for eviction and arrears of rent filed by the plaintiffs-appellants against the respondents. There is a holding bearing No. 11 in Ward No. 5 of the Purnea Municipality. Dr. Purna Chandra Ghosh (since dead) was owner of this holding. Appellants are the heirs of Dr. Purna Chandra Ghosh and they were substituted in his place after his death.

2. The original plaintiff, Dr. Purna Chandra Ghosh, alleged that four or five years back, he had let out the said holding to defendant No. 1 Haicum Singh on a monthly rental of Rs. 60.00. Haicum Singh defaulted in payment of rent for the period from April, 1971 to April, 1972 and, thus, made himself a defaulter. The original plaintiff Dr. Purna Chandra Ghosh, required the suit premises for his own use and occupation. The further allegation in the plaint was that against the terms of tenancy, Haicum Singh sublet this holding to Md. Quasim, defendant second party. On these allegations, the plaintiff prayed for a decree for eviction and for payment of arrears of rent. The two defendants con