Hon ble DR. KOTHARI, J.—This second appeal of the defendant – tenant has been filed being aggrieved by the concurrent judgments of two courts below in an eviction matter on the ground of subletting of the suit premises; a shop situated at Bus Stand, Kapasan. The suit shop is of small size 4½ x 7 ft. The learned trial Court decreed the suit of the plaintiff respondent Ramchander on 1.5.1997. The plaintiff had filed the suit on the ground of default, subletting and bonafide need. However, the plaintiff did not press before the learned trial Court the ground of default and bonafide need, but only pressed the ground of subletting in issue No.2 framed by the learned trial Court.

2. According to the plaintiff, the said suit shop was given on rent to the defendant Deep Chand, father of the present appellant Basanti Lal in the year 1986 under the rentnote executed vide Ex.1 but since in the said suit shop, the said tenant Deep Chand never carried on any business, but his son Basanti Lal carried on business, according to the plaintiff, there was subletting by the tenant to his son Basanti Lal and therefore, on the ground of eviction set out in Section 13(1) (e) of the Rajasthan Rent Control

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