( 1 ) THE Respondent, who is the Mutwali of a Wakf Estate, brought this suit for ejectment of the Luxmi Spinning and Weaving Mills Ltd. on the allegation that the lease had determined and on the allegation that the defendant did not pay any rent to the Plaintiff from the month of October 1950 to June 1951. The Plaintiff also prayed for a decree for a sum of Rs. 1105-11-3 as arrears of rents. The Defendant denied that there had been any default and also the fact that the Plaintiff had, by notice, determined the lease. In the Trial Court a dispute seems to have been raised whether or not the tenancy was from month to month or a yearly tenancy. The learned Subordinate Judge being of opinion that it was a monthly tenancy terminable by fifteen days' notice expiring with the end of a month, held that there was a proper notice under Section 106, Transfer of Property Act and as it was not disputed that this notice was duly served, held that there was a valid determination of the tenancy. On the question of default, the Trial Court held that the Defendant was in default for more than three periods of two months each within a period of eighteen months prior to the instit