1. This revision petition arises out of an application made under sub-section (3) of section 16 of the West Bengal Premises Tenancy Act, 1956. Opposite Party No. 1, Abdul Latif Khan is the landlord of the premises No. 3, Sambhu Chatterjee Street, Calcutta, opposite party No. 2, Harsha Nath Roy is the tenant of the first degree in respect of a portion of the said premises and since June 1954 the petitioner Sailendra Kumar Roy Chowdhury is the tenant of the second degree in respect of the said portion of the premises. Following the judgment of N. K. Sen J. in (1) Civil Rev. No, 1738 of 1957 (Sri Prafulla Chandra Mukherjee v. Akshoy Kumar Bose), an unreported case decided on the 21st March, 1958 the Tribunals below have refused to grant relief to the petitioner under sub-section (3) of section 16 on the ground that the rent note (Exhibit 'c') on the basis of which Harsha Nath Roy was inducted as a tenant contains an express prohibition against subletting. In our opinion the subsection (2) of section 16 applies to the subletting and the Tribunals below ought to have granted the relief prayed for by the petitioner.

2. By Exhibit 'c, Harsh Nath Ray entered into the following cov