Reuben, J.

1. This appeal by the deft in a suit for ejectment arises in the following circumstances.

2. The suit relating to a house in Nabinagar Bazar was instituted by the pltf. as a suit for the ejectment of a tenant on the termination of his tenancy by a notice to quit. The case of the pltf. as stated in the plaint, is that he had a room with a verandah in Nabinagar Bazar; the building collapsed in the earthquake of January 1934, & the deft. who wanted a house for establishing a shoe shop, agreed to reconstruct the building at an estimated cost of Bs. 200 & to remain in the building as a tenant at an annual rental of Rs. 40, the cost of the building to be set off against the rental payable for the first five yeara. The pltf. alleged that the deft. reconstructed the building in accordance with the agreement & the cost of the reconstruction was completely satisfied by setting off against it the rent up to 31-12.1939. Thereafter, the deft. agreed to pay a rent of Rs. 42 per annum but, in fact, made no payment whatever. In addition to the prayer for ejectment, the pltf. asked for arrears of rent up to the date of the expiry of the notice to quit & damages thereafter.

3. The