JUDGMENT :- This second appeal has been filed by defendants 2 and 3 who are sub-tenants and is directed against the concurrent decisions of the courts below decreeing the plaintiff's suit for ejectment and recovery of Rs. 175/- as arrears of rent and damages for use and occupation for the period from 1-4-1967 to 15-9-1968.

2. Plaintiff-respondents Nos. 1 and 2 filed a suit for ejectment and arrears of rent in respect of two shops against the appellants and respondent No. 3 on the allegations that respondent No. 3 Laukush was the tenant-in-chief of the two shops in dispute on a rent of Rs. 10/- per month and that he had sublet the shops in question to the appellants. It was alleged that defendant No. 3 was defaulter in payment of rent and he had illegally sublet the premises and, as such, was liable to ejectment. Plaintiffs-respondents Nos. 1 and 2 purchased the shops in suit from Indra Narain Khanna, the previous landlord. The plaintiffs had served a notice on respondent No. 3 alone terminating his tenancy but he failed to vacate the shops.

3. The suit was resisted by defendant No. 1 and defendants Nos. 2 and 3 who filed separate written statements. Defendant No. 1 pleaded t