( 1 ) THE respondent-original plaintiff is the owner of a shop which was let out by him to petitioner No. 1 original defendant No. 1 on a monthly rent of Rs. 125. 00 on 12-1-1968. It was one of the terms of the tenancy not to sublet or assign or transfer the suit premises to anybody else. Defendant No. 1 after taking the suit premises on lease. carried on business therein in the name and style of Vijay Traders. The case of the respondent-plaintiff is that defendant No. 1 wound up his business sometime in April 1973 and sublet the suit premises to defendant No. 2 who is at present running a hotel therein. On this basis the petitioner filed Regular Civil Suit No. 388 of 1973 in the Court of the learned Civil Judge (Junior Division) Sankheda for recovering possession of the suit premises after giving a notice to defendant No. 1 terminating his tenancy and calling upon him to hand over vacant and peaceful possession of the suit premises.

( 2 ) IT was not in dispute before the learned trial Judge that defendant No. 1 was no longer in possession and that defendant No. 2 was in possession of the suit premises on the date of the suit. Defendant No. I did not file any writ