LODHA, J.—This is a defendants second appeal arising out of a suit for ejectment and arrears of rent.

2. The facts of the case are rather uncommon, and an interesting question has been raised as to the rights of a sub-tenant. One Nandkumar leased out a Gokha (a sort of covered raised platform outside the house) to the plaintiff Mangumal in 1950 A. D at a monthly rent of Rs. 15/-. Subsequently Mangumal look on lease an open piece of land situate near the Gokha from the Municipal Council, Jaipur on Rs.12/-per month in the year 1954. On 19.2.1961 Mangumal sub-let the Gokha as well as the open land on which a cabin had been fixed to the appellant Kewalram on a rent of Rs. 60/- per month. But in order to conceal the sublease made by him, Mangumal got executed a deed of partnership between him and the said Kewalram. This was obviously done in order to save themselves from ejectment under the Rajasthan Premises (Control of Rent and Eviction Act, 1950 on the ground of subletting. It appears that for some time the parties palled on well. However, after a few years the parties fell out and on 30.11.65 Mangumal filed a suit for rendition of accounts and dissolution of partnership against Kewal

Click Here to Read the rest of this document