( 1 ) THIS appeal is on behalf of the plaintiff and it arises out of a suit for ejectment under the Rent Control Act, 1950. The plaintiff's case in short was that the defendants were a firm and were monthly tenants in respect of the entire premises No, 28-B, Nalin Sarkar Street, Calcutta at a rate of rent of Rs. 97-3-6 per month. Only ground for ejectment was that the defendants defaulted in paying rents for two months each, on more than three occasions in course of 13 months. I may state tore that no other particulars of default have been given in the plaint but it transpires from evidence that the defendants defaulted in payment of rent for two units from the month of May to September, 1951 for short payment of only 6 pies each month and the third unit is for November and December, 1951.

( 2 ) IN spite of alleged default in 1951 the notice for ejectment was not sent before 4th February, 1954 and thereafter the present suit was instituted on the 24th May, 1954. The defence was two-fold. Firstly, the notice was invalid and insufficient and secondly that the defendants were not defaulters. The learned Small Cause Court Judge did not accept both the defences and ther