S.P.GOYAL, J.

1. The question of law referred for consideration and decision by this Bench is as to whether a second petition for the ejectment of the tenant would be competent on a ground on which earlier petition was got dismissed as withdrawn without liberty to file a second petition.

2. The facts leading to the said question are that the flat in dispute was leased out to the respondents by Miss Sarvjit Kaur through rent note dt. 8th Jan., 1972. About two months thereafter she gave this flat in exchange to the petitioner vide exchange deed 30th March, 1972. In spite thereof she joined with the petitioner in the filing of the petition for the ejectment of the respondent from the demised premises in the year 1973, on three grounds, out of which the only one which subsists for the purposes of this petition is that of subletting. During the trial of that petition, the petitioner got his name deleted from the array of parties and the proceedings were carried on by Miss Sarvjit Kaur alone. The allegations made in that petition were that the tenant had transferred his rights under the lease and sublet the Barsati portion of the shop-cum-flat to respondent No. 2 Inder Singh. The