( 1 ) THIS appeal is against the judgment and decree of Chittatosh Mookerjee, J. dated 15th May, 1974 whereby Ejectment Suit No. 1594 of 1961 was decreed in reversal of the decision of the learned Judge, Tenth Bench, City Civil Court at Calcutta dated 28th Sept. , 1966.

( 2 ) THE facts, in short, as stated in the plaint are as follows. The suit premises being flat No. 54, Queens Mansions at 12, Park Street, Calcutta, was let out to the defendant No. 1 as a monthly tenant by the plaintiff respondent. The tenancy commenced from 25th May, 1959 and the monthly rent payable was Rs. 225/ -. There was a tenancy agreement which is an Annexure 'a' to the plaint and under terms of Clause (3) of the agreement, the tenant defendant No. 1 had no right to assign or transfer or sublet or part with the possession of the tenancy or any part thereof. The defendant No. 2 started occupying the said premises with his family without any consent or permission of the plaintiff. The defendant No. 2 claimed to be an authorised attorney of the defendant No. 1 but he had no relation with him. It was stated that this power of attorney was a dodge for creating a sub-tenancy in his favour. The