S.K.Jha, J.

1. This is a defendant-tenants, appeal against a judgment of affirmance, referred to this Bench by a learned Single Judge (S. Ali, J.) of this Court by an order dated the 8th of November, 1971.

2. The concurrent findings of fact which were not challenged in this appeal as they could not be are these. The plaintiff who, on his death was substituted by his heirs the present respondents, had let out the land in question from which they had sought to evict the defendant-appellant in this suit, on a monthly rental of Rs. 7/- which was subsequently raised to Rs. 9/- proving the relationship of landlord and tenant between the parties. Notice to quit under Sec.106 of the Transfer of Property Act was duly served on the tenant-appellant determining the tenancy before the suit was instituted.

3. The respondents case was that they were the owners of the lands described in Schedule A of the plaint and the subject-matter of the suit is the land described in Schedule B which is a part of Schedule A lands and appertains to plot No. 1440 bearing old Municipal holding No. 400. The Schedule B land was let out to the appellant for temporary residence on a monthly rent. The tenancy