Judgment

SUBBA RAO, J. : This appeal by special leave is directed against the judgment and decree of the High Court of Judicature for Rajasthan at Jodhpur setting aside those of the Senior Civil Judge, Ajmer, and restoring those of the Subordinate Judge, First Class, Ajmer decreeing the suit for eviction from the suit premises filed by the respondents against the appellant.

2. The facts may be briefly stated. The building situate at No. 41, Purani Mandi, Ajmer, consists of a large number of rooms, and the respondents are its owners. On October 13, 1935 the said building was taken on lease by the appellant s father for a period of one year on a rent of Rs. 50/- per month. On July 10, 1950 the respondents gave a lease of the said building in favour of the appellant for a period of one year on a rent of Rs. 65/- per month. On August 8, 1952 a fresh lease was executed in favour of the appellant on an enhanced rent of Rs. 70/- per month. Under the said lease the tenancy was to commence from August 1, 1952. On June 27, 1954 the respondents issued a notice to the appellant, through their Advocates, calling upon him to vacate the premises by midnight of July 31, 1954 - August 1, 1954. In tha