( 1 ) THIS is an appeal against a concurrent judgment decreeing the plaintiffs' suit. The facts of the case are not in dispute and are as follows:

( 2 ) THE plaintiffs instituted a suit for recovery of khas possession of the suit premises being the entire premises comprised in Municipal Holding No. 56, Ward No. 3, Eanaghat Municipality which was held by Kumaresh, the defendant No. 1, as a monthly tenant under the plaintiffs. The tenancy was according to the Bengali calendar month the rent being Rs. 15/- per month. It was stated that the defendant No. 1 was a habitual defaulter in payment of rent and he illegally assigned, transferred or Sub-let the entire premises to the other defendants in separate portions. The tenancy was determined by a notice with the expiry of Poush. 1363 B. S. As the suit premises were not vacated, the suit was filed on May 25, 1957, on the ground of default and sub-letting.

( 3 ) THE suit was contested by defendants Nos. 1 and 2 who filed a joint written statement it was stated that defendant No. 2 had no interest in the property and he was an unnecessary party. As to the other allegations, it was denied that the defendant No. 1 was