Agarwala, J.

1. This appeal is by the plaintiff, and arises out of a suit to eject the defendants, who are members of a joint Hindu family, from a house belonging to the plaintiff. The shop was let to the defendants at a monthly rental of Rs. 415 by a registered lease dated 19th December 1939. The lease was for a period of three years beginning from the date on which the lessees should take possession of the premises. There was, however, a provision that the defendants should be entitled to three months notice if they should be required to quit. The lessees occupation of the premises began on 23rd November 1940. On 9th November 1943, plaintiff served on them a notice stating, "I give you 3 months notice to quit the premises," calling upon them, "kindly to vacate the same on the receipt of this notice." The lessees not having complied with the notice the plaintiff applied to the House-rent Control Officer to eject them, and an order for eviction was made on 17th January 1945 and was later confirmed by the Commissioner on appeal, who, however, gave the lessees three months time to vacate the premises. The lessees, however, remained in occupation of the premises and instituted