Bachawat, J.

1. This Reference arises out of a suit filed by a sub-tenant for a declaration of his right to become a direct tenant under the superior landlord under Section 13(2) of the West Bengal Premises Rent Control (Temporary Provisions) Act, 1950 and for an injunction restraining the landlord from interfering with his possession of the premises in suit.

2. The landlord, Saraju Bala Dassi let to the tenant, Suniti Devi, the ground-floor of premises No. 1/28, Prince Golam Mohammed Road. The landlord terminated the tenancy by a notice to quit with effect from the 1st of May, 1953 and thereafter instituted a suit for ejectment against the tenant and obtained a decree for ejectment against her on August 24, 1954. The plaintiff, Krishna Prosad Bose was no party to that suit. The plaintiff instituted the present suit on November 11, 1954. He claims that he has been a sub-tenant of a portion of the ground-floor of the premises under Suniti Devi. The plaintiff (sic) disputes the existence of the sub-tenancy. If the plaintiff ever became a sub-tenant, the date on which he became a sub-tenant is also in dispute. The munsiff decreed the suit. On appeal the subordinate Judge set as