by defendant No.1 to defendant No.2 without his consent. In paragraph 23, the learned trial Judge considered the submissions advanced on behalf of the defendant No.2 as also the judgments cited before him. In paragraph 25, the learned trial Judge considered the decision of the Apex Court in the case of Mohammed Kasam Haji Gulambhai Vs. Bakerali Fatehali, AIR 1998 Supreme Court, 3214 and held that even if, the case of defendant No.2 is accepted that there was partnership deed of defendant No.1 and his brothers, even in that case also, defendant No.2 is not entitled to claim any protection on the ground of subletting. This aspect was considered by the learned District Judge in paragraphs 16 & 17. In paragraph 17, after considering the decision in case of Dudubhai Karasandas Patel Vs. Sulochanaben Gopaldas Kothari, AIR 1995 Gujarat 68, the learned District Judge held that when the tenant went out of partnership and other partners carried on business, that amounts to unlawful subletting. The said decision was considered by the Apex Court in case of Mohammed Kasam Haji Gulambhai (supra). The learned District Judge affirmed the findings recorded by the learned trial Judge. In view thereof, I do not find that the Courts below committed any error in arriving at this conclusion. The Courts below, after appreciating the evidence on record, have held that plaintiff has established the ground of eviction namely (i) non user of the suit premises by defendant No.1 under section 13(1)(k) (ii) arrears of rent
