( 1 ) THIS appeal, at the instance of defendant/appellants, is directed against the decision dated August 23, 1975, made in Title Appeal No. 816 of 1974, by the learned Additional District Judge, 13th Court, Alipore, affirming thereby the decision dated July 23, 1974, made in Title Suit No. 390 of 1967, by the learned Munsif, 2nd Additional Court, Alipore. Those determinations have been made after remand.

( 2 ) THE plaintiff, initially brought Title Suit No. 277 of 1966 in the Court of the learned Munsif, 4th Court, Alipore, contending that defendant No. 1, Anath Chakravartty, who was a tenant in respect of the Southern portion of premises No. 74, Harish Chatterjee Street, Calcutta (hereinafter referred to as the said premises), had sublet and/or transferred and/or assigned the tenancy, without his knowledge and consent to defendant No. 2, Rajendra Nath Chakravartti. That apart, it was alleged that the said defendant No. 1 was guilty of acts contrary to clauses (m), (o) or (p) of Section 108 of the Transfers of Property Act and furthermore, he has caused damages to the said premises. The suit was alleged to have been filed after duly determining the tenancy, on servi