MILES J.
In this action the plaintiff claims recovery of the premises No. 77, Hagan Street, Bathurst, which are also known as the Richmond Memorial Hall. The plaintiff brings this action under a power of attorney for his father, Mr. H. D. Carroll, who is the owner of the premises and is described hereafter in this judgment as the landlord. The three defendants are respectively the secretary, president and treasurer of the Bathurst Reform Club.
By an agreement dated August 1, 1948, the premises were let by the landlord to the Freemason Lodge of St. John, Bathurst, for the period of two years from September 1, 1948. The rent under this agreement was £100 per annum payable in equal monthly instalments on the first day of each month in advance. The only other proviso to which I need refer is clause 4 (d) by which the tenants agreed "not to assign, underlet or part with the possession of the premises or any, part thereof without the consent of the landlord."
Shortly after the commencement of…