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.... A cloud is said to raise over a person's title, when some apparent defect in his title to a property, or when some primafacie right of a third party over it, is made out or shown...".

(62) In the present case in hand, the following facts are proved/ admitted:

a) The suit property was owned by Gurwalon Ki Dharamshala.

b) The husband of the plaintiff was the tenant of Gurwalon Ki Dharamshala and he executed a so called partnership deed with the defendant which was renewed thrice and post his death, as the tenancy devolved upon the plaintiff being his wife, a so called partnership deed was executed between the plaintiff and the defendant.

(64) It can be further deciphered that the tenancy which allegedly devolved upon the plaintiff from her husband was a statutory tenancy, though the nature of tenancy has not been divulged before the Court and the landlord has not been made a party. The said agreements were camouflaged in the name of partnership deeds so as to subvert the legal provisions with respect to sub-

tenancies/ taking written consent of the landlord prior to sub-letting. Thus, a sub-tenancy was created in favour of the defendant in the garb of partnership deeds. The same can be fortified from the depositions as well as from the plaint wherein in the relief clause, the plaintiff is claiming arrears of rent from the defendant.