( 1 ) THIS appeal is at the instance of the plaintiff and it arises out of a suit for eviction.

( 2 ) THE case of the plaintiff was that on a partition among the plaintiff, his brother Rabi Prosad Gupta and the heirs of his other two brothers, Ramaprosad and Hariprosad, the shop rooms comprised in premises no. 1/am Chowringhee Road, Calcutta were allotted to the plaintiff and his said brother Rabi Prosad Gupta, the major portion being allotted to the plaintiff and a small portion to his said brother Rabi Prosad. It was the plaintiff's case that after the partition, it was mutually agreed by and between the parties that the defendant who was a monthly tenant in respect of the said premises under all the co-sharers from before the partition at a monthly rent of Rs. 902/- would pay to the plaintiff Rs. 800/- per month as rent with effect from the 1st day of May, 1962 for the portion of the shop rooms allotted to him. The defendant paid rent tot the plaintiff at the rate of Rs. 800/- per month up to June, 1962. It was alleged that the defendant defaulted in payment of rent from the Month of July 1962 up to the month of January 1963. He also sublet and/or other