JUDGMENT :- This is an appeal by defendant No 2 arising out of a suit filed by the respondent No. 1 against the respondent No. 2 for ejectment of the defendants from the accommodation in question and for recovery of arrears of rent and damages. The plaintiff had alleged that the defendant No. 2 was a sub-tenant and that the defendant No. 1 had committed a default within the meaning of Section 3 (1) (a) of the U. P. Act III of 1947 in payment of arrears of rent for more than three months after the service of notice of demand on him. He had also alleged that the defendant No. 1 had illegally and without the consent and permission sublet a portion of the accommodation in question to the defendant No. 2. On these two grounds he claimed a right to file a suit for eviction of the defendant after termination of the tenancy by serving a notice under Section 106 of the Transfer of Property Act. Both the defendants contested the suit and filed a separate written statement. In para. 10 of the written statement of defendant No. 1 it was alleged that he allowed defendant No. 2 to occupy a portion of the ground floor of the house in dispute with effect from 1-5-1962 as a licensee with the consen

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