( 1 ) THIS is a landlord's appeal agaist a judgment and decree dated 30th May, 1959, of the Judge, Third Bench of the City Civil Court at Calcutta by which the plaintiffs' suit for eviction of the tenant-defendant on the ground of default in payment of rent was dismissed.

( 2 ) THE facts of the case are as follows: The defendant was a monthly tenant under the plaintiffs in respect of one room namely room No. 52 on the fourth floor of premises No. 5, Jadunath Mullick Road, Calcutta, at a monthly rental of Rs. 33/ -. The tenancy was according to the Hindi Sambat Calendar month and it ran from Badi 1 to Sudi 15 of each such month. The plaintiffs complained that the defendant was a habitual defaulter and in any event had made default in payment of rent for four months within a period of twelve months since the month of "jeth, S. Y. 2014". The plaintiffs determined the tenancy of the defendant by a notice of ejectment dated 5th May, 1958, addressed by their Solicitor Mr. B. M. Bagaria. By that notice the defendant was asked to quit, vacate and deliver up peaceful possession of the room "with the expiry of the next month" i. e. , Ashar Sudi 15, S. Y. 2015. Thereaf