( 1 ) THIS appeal by the tenant defendant No. 1 under Clause 15 of the Letters Patent is directed against the decision of Gupta, J. affirming the decision of the Courts below, whereby the plaintiff respondent's suit for eviction of the defendant appellant from a portion of the disputed premises was decreed.

( 2 ) THE suit was initially instituted against the present appellant and four others for eviction from the suit premises on the ground of default in the payment of rent. The trial Court decreed the suit against the present appellant holding him to be the tenant in respect of the suit premises and dismissed the suit against the other defendants on the ground that they were unnecessary parties. Against the said decision, the defendant went up in appeal to the first appellate Court and the appeal was dismissed by the Subordinate Judge, 8th Court, Alipore by his judgment and decree dated September 26, 1958. Both Courts found the appellant to be a defaulter in the matter of payment of rent for period from February to November, 1954. The appellant thereupon filed a second appeal to this Court and the only point canvassed in the said appeal was the validity o