Dixit C.J.- l. This revision petition has come up before this Division Bench for disposal on a reference made by one of us.

2. The matter arises thus. The petitioner Premdas instituted a suit in the Court of the Civil Judge, Class II, Jabalpur, for ejectment of the defendant-opponent from a house situated in Jabalpur and for recovery of arrears of rent. The ejectment is sought on the grounds that the defendant has fallen in arrears of rent for the period from 1st November 1961 to 1st March 1962 and that he has also sub-let the house without obtaining the plaintiff's permission. In his written statement the opponent has denied that he was ever the tenant of the plaintiff According to him, one M. M. Pande was the tenant of the premises which had been let out to' him by Baba Saraswatidas, the predecessor-in-interest of the petitioner. The opponent has also raised the objection that the petitioner has no right to maintain the suit inasmuch as the plaintiff's claim to the property in suit rests on a will executed by the late Baba Saraswatidas and the plaintiff has not obtained any letters of administration of the will. The opponent admitted that he did not pay any rent to the petiti