J.V.Gupta, J.

1. This is tenants petition against whom order of ejectment has been passed by both the authorities below.

2. The landlord (Banwari Lal) filed the ejectment application for seeking ejectment of Jagdish Chander and Buta Singh from the premises in dispute. According to the case of the landlord, these premises had been given on a monthly rent of Rs. 22 to respondent No. 2 Jagdish Chander by the landlord on 9th June, 1960. The ejectment was sought on the ground the Jagdish Chander tenant had neither tendered nor paid the arrears of rent from 1st January, 1970. The application was filed on 6th March, 1974. The second ground was that said Jagdish Chander had sublet the premises to Buta Singh petitioner without the written consent of the landlord. The ejectment application was contested on behalf of Buta Singh, the alleged sub-tenant, whereas Jagdish Chander respondent No. 2 was proceeded against ex-parte. In the written statement filed on behalf of Buta Singh, he took up the plea that he was direct tenant under the landlord with effect from May 1962, and that he was not a sub-tenant under Jagdish Chander, as alleged in the ejectment application. He denied that he wa