H.R. Krishnan, J.

This appeal is by a person who had already been held by the High Court of Indore to be nothing more than a sub-tenant by operation of the law contained in Indore Government Circular No. 13 of 1908, and on that basis been ordered to be evicted in a suit by the landlord-plaintiff-respondent. The suit was resisted unsuccessfully by the sub-tenant on two main grounds; firstly, he was a transferee without the permission of the appropriate authority, and as such, a sub-tenant by operation of statute; that law not having provided any particular procedure for ejecting him, the procedure actually adopted on the basis of a notice to quit was not sufficient; secondly, though this is an agricultural tenancy the principles contained in section 106, Transfer of Property Act would be applicable on grounds of equity and reasonableness; but actually, the landlord-tenant had noticed this sub-tenant to quit within four days though there was a standing crop. Both the lower Courts having rejected this defence, the subtenant came up in second appeal.

Stated thus, it was a straightforward case; but there are two complications; first, one of a very general nature and the second, pa