JUDGMENT

B. Dayal, J. - This Second Appeal has been referred to this Bench by a learned single Judge of this Court. The facts of the case may shortly be stated. The present suit was filed by Seth Lakshmi Chand for ejectment against the Defendants National and Dulichand on the allegations that the original tenants Nathmal and Dulichand had sublet the shop to one Sriram and the Plaintiff was, therefore, entitled to eject the Defendants. It is not denied that the Plaintiff let out the shop to the two Defendants who are brothers on a monthly rental of Rs. 65/-. The defence, on the other hand, was that the Defendants had not sublet the shop to Sriram bat that Nathmal had started business in partnership with Sriram in the same premises and they were still carrying on the old business which Nathmal and Dulichand were doing in the shop. The Plaintiff also claimed recovery of Rs. 195/-/- from the date of termination of the notice to the date of the filing of the suit as damages for use and occupation. The trial court decreed the suit for ejectment and also passed a decree for Rs. 150/ as damages at Rs. 50/-per mensem and also decreed future damages at the same rate. The Defendants filed an a