JUDGMENT:- The only point involved in this appeal from a judgment of the Calcutta High Court, in reversal of the judgment and decree of the Addl. District Judge, affirming those of the Subordinate Judge, Birbhum, and dismissing the plaintiffs suit for ejectment, is whether the plaintiffs suit for ejectment was not maintainable without a notice under S. 106 of the Transfer of Property Act, 1882.

2. The material facts of this case are its follows- By an indenture of lease dated March 19, 1956, the appellant who was the plaintiff, demised a cinema theatre known as Shanti House, situate at Sainthia under Anchal Panchayat in district Birbhum, to the respondent-defendant for a term of four years with a covenant of two renewals of three years each. The lease of this cinema theatre was to commence from the date on which the defendant was able to procure a licence. On May 2, 1970, the plaintiff brought a suit for ejectment on the ground that the lease had expired by efflux of time and also pleaded in the alternative that he had sent a notice dated April 3, 1970 to the defendant both at his Calcutta address and at his Sainthia address determining the tenancy with the expiry of the month of Ap