( 1 ) THIS is an appeal from a judgment and decree dated Januarv 11 1963 passed by the Judge. 6th Bench City Civil Court by which the defendant was ordered to be evicted from a flat in Bentinck Street. The facts and circumstances of the case are briefly as follows:

( 2 ) SOMETIME in October, 1959 the defendant became a tenant in respect of a flat in the second floor of premises No. 29b, Bentinck Street. Calcutta (hereinafter referred to as the said premises) at a monthly rent of of 95 per month. The flat consisted of two rooms The rent was pavable according to the English calendar month. There is some controversy as to who exact-tv were thf landlords and also as to the manner in which the rent was payable. The plaintiffs' case is that there were three landlords viz. Kartick Chandra Saha, Ganesh Chandra Saha and Tarak Chandra Saha and that rent was pavable in advance within the 5th o every current month. According to the defendant on the other hand Kartick Chandra Saha alone was the landlord and there was no stipulation that rent was to be said in advance on the fifth of the current month According to the plaintiffs the defendant's tenancy was determined by a