( 1 ) THIS is a defendantss appeal in a suit for ejectment from a house and for recovery of Rs. 24-4-6 as arrears of rent for and certain period prior to 4-12-1945. There was also a prayer for mesne profits.

( 2 ) THE plaintiffs case was that the defendant had been his tenant on a monthly rent of Rs. 6. 4 6 the tenancy beginning from the 5th of each month. Prior to the suit the plaintiff had, on 25-10-1943, obtained the permission of the Controller to sue for the defendants ejectment) under section 14, Meerut House Control Order 1945. He had given a notice to the defendant, terminating the tenancy on 4-12-1945, before he filed the suit.

( 3 ) THE defence taken was that the plaintiff was not entitled to sue without joining the other co sharer, his own brother, that the rent had been paid up to 5-9-1945, that the rent for the subsequent period bad been sent by money order to the plaintiff who had refused it, the defendant being, therefore, entitled to a set off for Rs. 2-14 0 as money order charges and that the permission obtained by the plaintiff having been given in the defendants absence was invalid.

( 4 ) THE trial Court, rejecting this defence, decreed the suit