( 1 ) THIS appeal is at the instance of the defendant and it arises out of a suit for eviction. The case of the plaintiff is that the defendant, who had been a tenant under him in respect of the suit premises, is a defaulter in payment of rent and that he has been using the suit premises for a purpose other than for the residential purpose for which it was let to him. It is alleged that the plaintiff determined the tenancy of the defendant by the service of a notice to quit directing him to quit and vacate the suit premises on the expiry of the last day of September, 1963, on these allegations, the plaintiff had prayed for eviction of the defendant from the suit premises.

( 2 ) THE defendant has contested the suit by filing a written statement. He has denied the allegation of default and also the allegation that he has been using the suit premises for a purpose other than for the purpose of dwelling for which it was let to him. It has been further alleged by the defendant that the notice to quit was not served upon him and that the same was insufficient to terminate the tenancy. The case of the defendant is that his tenancy commenced on and from February 14, 1960,