1. The tenant of a building, against whom an order for eviction has been passed by the appellate authority, confirmed by the District Court in revision, in reversal of the order dismissing the petition of the landlord by the Rent Control Court, challenges that order before me under S.115 C. P. C. The landlord, on an ambitious project for eviction, pleaded arrears of rent, destruction of the utility of the building by committing waste and sub-letting, as the grounds for throwing the tenant out of the premises. The first two failed even in the Court of first instance and were not pursued wisely in the higher Courts. The last ground of subletting, although did not find favour with the Rent Control Court, appealed to the appellate authority and was approved by the revisional authority. We are, therefore, concerned only with whether the 1st respondent in RCOP. No. 23 of 1966 had sublet the building or a portion of the building to the 2nd respondent, his brother-in-law. S.11 (4) states.

"A landlord may apply to the Rent Control Court for an order directing the tenant to put the landlord in possession of the building

(i) If the tenant after the commencement of this Act, without