JUDGMENT :- This is a defendant tenant's appeal from an appellate decree of ejectment and recovery of arrears of rent and damages from the house in suit. The court of first instance had dismissed the plaintiff landlord's suit on the finding that no relationship of landlord and tenant existed between the parties and that the notice terminating the tenancy was invalid. The lower appellate court reversed the finding of the learned Munsif on both the material issues and decreed the plaintiff-landlord's suit.

2. On behalf of defendant-appellant two grounds have been raised in support of the appeal. The first ground was that one Mohammad Razi to whom the defendant had been paying rent was a necessary party to the suit and the suit was bad for non-impleading of the necessary party, the plaintiff having refused to make Mohammad Razi a party. This argument seems to be based on the plea raised in the written statement that Mohammad Rafi was not the landlord, and it was Mohammad Razi who was the landlord to whom the defendant had been paying the rent. A statement was made by the Plaintiff's counsel at the trial that the plaintiff was not prepared to convert the suit into a title suit and imple

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