( 1 ) THIS reference arises out of a suit for ejectment brought by a landlord against the tenant on the ground that the tenant had constructed without the consent of the landlord a brick built room on the roof of the tenanted premises and had thereby done an act contrary to the provisions of clause (p) of Section 108 of Transfer of Property Act. It is alleged in the plaint that the tenancy was terminated by a notice dated 18th July, 1956, calling upon the defendant to give up possession on the expiry of the last day of August 1956. The defence State up in the written statement is that a small temporary tin shed was constructed on the roof upon the existing walls with the consent of the plaintiff and on an increment of rent of 5%. The defendant further challenges the validity and sufficiency of the notice of termination of the tenancy and also pleads that the said notice dated 18th July, 1956 was waived and/or withdrawn by a subsequent notice to quit dated 24th August, 1956, expiring with the end of September, 1956. At the hearing of the suit before the Court of Small Causes, Calcutta the following issues were raised :-" (1 ). He the defendant erected upon the premises