Judgment

MUDHOLKAR, J. :

This is an appeal by special leave against the judgment of the High Court of Madhya Pradesh dismissing the defendant s appeal in which he had challenged the decision of the courts below ordering his ejectment from certain premises which are in his occupation as the tenant of the plaintiffs.

2. It is common ground that the defendant was a tenant of the plaintiffs and the rent of the premises in his occupation was Rs. 110/- p.m. It is not disputed that the defendant was in arrears of rent from April 1, 1958 to March 31, 1959 to the extent of Rs. 1,020/-. On April 11, 1959 the plaintiffs served a notice on the defendant bringing to his notice the fact of his being in arrears of rent for 12 months and requiring him to remit to them Rs. 1,020/- within one month from the date of service of notice and stating that on his failure to do so, a suit for ejectment would be filed against him. In addition to this the notice called upon the defendant to vacate the premises by April 30, 1959 upon two grounds :

(1) that the premises were required by the plaintiffs "genuinely for business"; and

(2) that the defendant had sub-let a portion of the premises to two persons without th