( 1 ) THIS is an appeal by Ram Bhrose defendant 2 from a decree for ejectment passed against him and defendant 1 who is dead.

( 2 ) THE suit for ejectment was brought without permission of the District Magistrate on the ground that the defendant had illegally sublet the shop to a firm Har Oharan Das Hari Shankar (defendant 3), one of whose proprietors is Ganga Prasad defendant 4. The suit was contested on the ground that defendant 2 had not sublet at all and that he had entered into a partnership with ganga Prasad and others and was in possession as one of the proprietors of the partnership. He admitted that the firm Har Charan Das Hari Shankar was in possession of the shop and carrying on business there, but claimed that he continued to be in possession as one of the partners of that firm.

( 3 ) BOTH the Courts held that the alleged partnership between Bam Bharose appellant and Ganga prasad and others was not proved and that in fact he had sublet the shop to the firm Har Oharan das Hari Shankar without the permission of the landlord and thus rendered himself liable to ejectment.

( 4 ) THE appellant met the landlords plea of subletting by setting up partnership with Ganga prasad et

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