( 1 ) THIS is an appeal by the defendant against a judgment of affirmance. The facts as stated in the plaint are as follows: the defendant had been a monthly tenant under the plaintiff at a monthly rent of Rs. 40/- payable according to English calendar month in respect of the ground-floor of premises No. 29-B, Satish Mukherjee Road, P. S. Tollygunge, Calcutta described in the schedule A to the plaint hereinafter referred to as the suit premises. The plaintiff served an ejectment notice dated November 17, 1962 calling upon the defendant to vacate the suit premises on ground of default in payment of rent and also for own use and occupation by the plaintiff landlord. The defendant on receiving of the said notice promised to quit and vacate the suit premises and at last gave a notice by post-card dated June 30, 1963 stating that he would quit and vacate the suit premises on July 31, 1963. He also gave another notice informing the plaintiff that he would vacate the suit premises on July 31, 1963 and deliver vacant possession to the plaintiff or his representative. The defendant took a loan of Rs. 60/- from the plaintiff for giving effect to his notice. The defenda