H.Mahapatra, J.

1. The defendants in an action for ejectment on the ground of default in payment of monthly rent are the appellants. They were sued against as they had failed to pay rent from Aghan to Baisakh, 1371 Fs. Arrears of rent amounting to Rs. 42/- were also claimed against them. The courts below have found that there was default, incurring liability of eviction. A notice under Sec.106 of the Transfer of Property Act had been given to the defendants before the suit was instituted. That notice, however, was refused on the 14th of March, 1964. In that notice the plaintiff had called upon the defendants to vacate the premises within 15 days of receipt of the notice.

2. Learned counsel appearing for the defendant-appellants contended that the notice (exhibit 3) was invalid inasmuch as 15 clear days was not Riven to the defendants after that notice to vacate the premises. The notice (exhibit 3) was issued on the 9th March, 1964. On the 13th March, 1964, the postal peon made an endorsement that the addressee was not found. On the next day, i.e. on the 14th March, 1964, the postal peon made another endorsement saying that it had been refused by the addressee. The postman w