Malay Kumar Basu, J.: This second appeal is directed against the judgment and order dated 9th July, 1991 passed by the ld. 13th Additional District Judge, Alipur in Title Appeal No. 329/89 of this court. The said Title Appeal No. 329/89 was preferred by the tenant-defendant Sri Paritosh Ghosh against the judgment and order dated 31st May, 1989 passed by the ld. Munsif, 2nd Court, Alipur in Title Suit No. 201/83 of that court. The relevant facts are as follows:

2. The plaintiff Ashim Kr. Gupta and others filed the said title suit against the said defendant praying for a decree of eviction of the defendant-tenant from the disputed premises No. 25, Ekdalia Road, Calcutta-19 on the following grounds. The defendant who had been inducted as a monthly tenant in respect of the said premises at a rental of Rs. 550/- per month by Sm. Purnima Gupta, since deceased, the erstwhile owner of the house, violated the terms of the agreement by sub-letting his tenanted premises to the defendant No. 2 without obtaining any written consent from the landlord and he has been realising Rs. 3,500/- every month from that sub-tenant by way of rent. The defendant No.1 committed certain further unlawful