J.V.Gupta, J.

1. This is defendants second appeal against whom the suit for ejectment from the disputed house was dismissed by the trial Court, but decreed in appeal.

2. The plaintiffs are the sons of Tohli Ram and Des Raj, one of the defendants, is their real brother. It had been contended that the plaintiffs were the exclusive owners of the suit property which had fallen to their share on a family partition and that the same was taken on rent at the rate of Rs. 10 per month by the said Des Raj from them. The tenancy, it was contended, was initially for 11 months and after the expiry of the said period, the same terminated and defendant Des Raj continued to occupy the said house but did not pay any rent after February 10, 1978. The plaintiff claimed Rs. 185 as the arrears of rent It was also contended that the said defendant had sublet a part of the said house to Parkash Chand defandant-appellant although he was not entitled to do so. Notice on the defendant, terminating his tenancy, was served, but to no effect; hence, the present suit. Des Rai, defendant, did rot file any written statement. The suit was contested on behalf of Parkash Chand, defendant-appellant, who plead