1. This appeal is by the Municipality of Hazaribagh who brought the suit for ejectment of the defendant on the grounds of non-payment of rent and breach of conditions of tenancy and for damages for use and occupation of the premises after the determination of the lease. The defendant had taken lease from the Municipality of two stalls at a monthly rent of Rs. 14 for each, for the period from 1st September, 1936 to 31 December, 1937, but the defendant held over his possession after that date. Plaintiff-Municipality served a notice by registered post addressed to the defendant to his known address, on the 3rd March 1956, asking him to quit the premises from 1st April, 1956. There was no response from the defendant. Ultimately, the suit was instituted on the 24th September, 1956. The defendant in his written statement pleaded that he had no concern with that premises, and was not in possession of the same in 1924, in a family partition, those premises fell to the share of his brother Nathulal Agarwal who was in possession of these two stalls.

Secondly he denied the relationship between him and the Municipality as that of the landlord and tenant and asserted that no notice had