Nagendra Prasad Singh. J.

The defendant is the appellant. The plaintiff respondents filed a suit (Title Suit no. 34 of 1966) in the court of Munsif, Gaya for the eviction of the appellant from a shop with godown on the ground floor of Holding No.1, Ward No. IV on Safayat Ali Road in the town of Gaya, fully described in Schedule A of the plaint. There was also a prayer for decree for Rs. 110/-as arrears of rent and Rs. 165/-by way of damages, details whereof have been given in the Schedules of the plaint.

2. According to the plaintiffs, the aforesaid shop in question belonged to them and the defendant appellant had been inducted therein as a monthly tenant and he had to pay a rent of Rs. 55/-per month. The tenancy was to run according to the Hindi Calendar. It is the case of the plaintiffs that the appellant defaulted payment of rent since 1st Baisakh 2022 Sambat (16. 4. 1965) and he failed to pay the arrears of rent for more than two months. Thereafter, the plaintiff sent a notice dated 18.9.1965 in accordance with section 106 of the Transfer of Property Act, requesting the defendant-appellant to vacate the premises in question. by 30th of Ashwin 2022 Sam bat (10.10.1965). T