( 1 ) THIS is a tenant defendant's appeal against the decree of the Court of appeal below affirming the decree of the Trial Court, passed against him, in a suit for ejectment from a house premises. The tenancy was according to the English Calendar month. The defendant was stated to be a habitual defaulter in payment of rent. The tenancy of the defendant was determined by a combined notice to quit and that of a suit, expiring with the end of March 1958. The suit was contested: firstly, on the ground of non-service of notice and secondly, there was no default in payment of rent. The learned Munsif decreed the suit which was affirmed in appeal by the learned Subordinate Judge, Alipore. The instant appeal is against the said decree.

( 2 ) MR. Nani Coomar Chakravarti, the learned Advocate in support of the appeal, raised various points. To get the real bone of contention viz. , as to whether the tenant defendant is entitled to relief against forfeiture under the provisions of Section 114 of the Transfer of Property Act it would be convenient to refer first to the other points in order to get them out of the

( 3 ) MR. Chakravarti contends firstly that Section 13 (6) of the Wes