S.K.Jha, J.

1. Leave to appeal under Clause 10 of the Letters Patent having been granted by a learned single Judge of this Court, this appeal is directed against the judgment and decree passed by him in Second Appeal No. 413 of 1966. The defendant tenant who is the appellant here was also the appellant in the second appeal aforesaid.

2. The plaintiffs-landlords instituted a suit for eviction against the defendant who was the predecessor-in-interest being the father of the present appellant and who died during the pendency of the second appeal before this Court. The subject-matter of the suit was a small house within the Mokameh Notified Area Committee, with regard to which the plaintiffs-respondents claimed to be the owners and landlords. Their further case was that they had let out the house in question to the appellants father, the original tenant, on a monthly rental of Rs. 3/- and that he having made a default in payment of two consecutive months rent and the plaintiffs having required the house in question for their own, personal necessity, a decree should be passed against the defendant. It was further pleaded in paragraph 8 of the plaint that notice determining the t