S.Sarwar Ali, J.

1. The tenant is the appellant in this appeal. The landlord brought a suit for eviction of the tenant from the suit premises and for realisation of Rs. 220.00 being the arrears of rent from May, 1964 to February, 1965. Both the courts below have held that the tenant was a defaulter and that the tenancy had been terminated by a proper notice as contemplated under Sec.106 of the Transfer of Property Act. Both these findings are challenged in this second appeal.

2. The first contention raised on behalf of the appellant is that the findings of the courts below that the plaintiff was in default in respect of rent is erroneous in law. During the course of argument, however, nothing has been shown which may induce me to take a view that the finding, which admittedly, is a finding of fact, is vitiated or is erroneous in law. On a consideration of the relevant evidence adduced by the parties both the trial Court and the lower appellate court have accepted the case of the plaintiff that the defendant had not paid rent for a period of ten months. Consequently the courts below were right in holding that he was liable to eviction under the provisions of Bihar Buildings