( 1 ) THIS second appeal arises out of a suit for ejectment brought by the plaintiff-appellant against the defendant-respondent in the court of the First Munsif at Asansol in the district of Burdwan.

( 2 ) THE plaintiff-appellant is the owner and the defendant-respondent was a monthly tenant under the plaintiff according to the English calendar at a rent of Rs. 36/-per month. The grounds on which ejectment was sought were (1) that the defendant-respondent failed to pay or to deposit in accordance with law rents for more than six months in course of 18 months and such arrears of rents fell due from April 1953 and (2) that the defendant contravened the provisions of Section 108 Clauses (m), (n) and (p) (clause (n) was subsequently amended as Clause (o)) of the Transfer of Property Act inasmuch as the defendant without the consent of the plaintiff had erected permanent structures on the property, namely, he had converted a verandah into a room by raising permanent brick wall on the ground floor; he had erected a permanent brick wall on the open terrace of the first floor and he also damaged the building by causing an over-flow of the water raised by pump installed by him wi