YASHODA NANDAN, J. :- These are two connected second appeals arising out of the same suit which can be conveniently disposed of by a common judgment. Second Appeal No. 1661 of 1970 has been preferred by the plaintiff in the suit while the connected Second Appeal No. 1676 of 1970 is at the instance of Sheel Chandra Agrawal who figured as defendant No. 1 therein.

2. The suit giving rise to these appeals was for ejectment of Sheel Chandra Agrawal (impleaded as defendant No. 1), from certain premises and for recovery of arrears of rent and damages for use and occupation pendente lite and future. The suit was brought on the allegations that the plaintiff was a tenant of an accommodation consisting of a quarter No. 1/3 and three shops in a building situate at Rampur. According to him, he had sub-let two of the shops in his tenancy to late Sri Chandra Bhan, father of four of the defendants and husband of the fifth defendant in 1945. Subsequently a dispute arose between the plaintiff and Sri Chandra Bhan with regard to the rent, with the result that he was compelled to file Suit No. 457 of 1959 for ejectment of Sri Chandra Bhan and for arrears of rent in respect of both the shops i