Satyeshwar Roy, J.

1. Daluram Agrawal filed the suit. He having died during the pendency of the suit, his legal represntatives were substituted in his place. The suit was filed for eviction of the respondents, respondent No.1-From the decision dated 23-6-1979 of Sri A N. K. N. Sinha, 2nd Additional District judge, Sighbhurn at Jamshedpur in Title Appeal No.10 of 1978 reversing the judgment and decree dated 11-3-1978 passed by Sri B. Z. Ansari, additional Munsif,. Jamesbedpur in T. S. No.30/385 of 1975/77. (defendant No.1) being the tenant and respondent No.2 (defendant No.2)being the person inducted by respondent No.1 the grounds on which the eviction of the respondents was prayed were that respondent No, 1 has not paid monthly rent from 10-4-1973 to 9-9-1974, and he sublet the building to respondent No.2. The decree for arrears of rent was included in the relief.

2. In the written statement, inter alia, it was stated that defendant No.2 was the son of defendant No.1 and there was no question of sub-letting. The rent each month was tendered to the plaintiff and as he refused to accept it, it was remitted by money order. There was no question of default.

3. The trial court a