Somnath Iyer, J.—This revision petition is before us consequent on a reference made to this Bench under S. 8 of the Mysore High Court Act.

(2) The petitioner is the tenant who was sued by the landlord who is the respondent for possession and rent, which, according to the landlord had fallen due for a period of three years. There were many contentions urged by the tenant. There was a decree for eviction made by the Civil Judge which was confirmed by the lower appellate Court. But the decree for rent was for and Anr. smaller sum of money than that claimed by the landlord. Whereas the landlord claimed a sum of Rs. 207-50 nP. the decree was for Rs. 98-42 nP.

(3) The suit was instituted on April 12, 1959 and was preceded by the issue of a notice Exhibit 37 on February 9,1959.The tenant was informed by that notice that he was a defaulter for a period of three years and that the rent of Rs. 300/- was due from him and that his tenancy was terminated and that he should deliver possession by the end of the month failing which he would be sued for possession and rent. The principal reason why this revision petition was referred to a Bench was that whereas according to the pronouncement