1. THIS appeal is by the defendant and it arises out of a suit for ejectment. The suit was instituted on February 13, 1957, and it is, obviously, governed by the West Bengal premises Tenancy Act, 1956. The ground, taken under the said Act, was that the tenant was guilty of unlawful subletting and, accordingly, was disentitled to protection under the protective provision of the said statute.

2. THE learned trial Judge accepted the plaintiff's case and made a decree in her favour.

Before us, two questions have arisen. One is with regard to the legality, sufficiency and validity of the notice of ejectment for purposes of Section 13 (6) of the above Act; the other is whether the alleged sub-tenancy has been proved in the instant case and whether it has been proved to have come into existence after the coming into operation of the above statute.

3. IN the view, we are taking it will not be necessary to go into the first question, namely, the question of notice, as, in our view, on the second question, the answer must be in favour of the appellant and against the respondent. For finding the alleged sub tenancy, the learned trial Judge relied strongly upon the evidence of the alle