( 1 ) WILL a tenant who takes in a partner in a business run by him in rented premises incur the liability of being evicted on the ground that he has sublet or assigned his interest in the tenancy in favour of the partnership ? It is this question which requires to be resolved in the present second appeal under sec. 28 of the Saurashtra Rent Control Act 1951 by the plaintiff landlord who has failed in both the lower Courts. The Saurashtra Rent Control Act 1951 will be referred to as the Rent Act in the course of this judgment.

( 2 ) THE appellant-plaintiff instituted Civil Suit No. 68 of 1958 in the Court of the Civil Judge (S. D.) Morvi claiming a decree for eviction under sec 13 (1) (e) of Rent Act which is in the following terms against the respondents-defendants :-13 (1) Notwithstanding anything contained in this Act a landlord shall be entitled to recover possession of any premises if the Court is satisfied (e) that the tenant has since the coming into operation of this Act sub-let the whole or part of the premises or assigned or transferred in any other manner his interest therein; or. . . . . . . . . . . . . . . . . . . . . The trial Court came to the conclu