( 1 ) THIS appeal is at the instance of the plaintiff and it arises out of a suit for ejectment.

( 2 ) THE case of the plaintiff was that the defendant was a monthly tenant under the plaintiff in respect of the suit premises being premises No. 2/3, Commissariat Road, Calcutta-22, consisting of one big corrugated shed, one pucca room and vacant land measuring 7 cottahs at a rental of Rs. 270/- per month payable according to the English Calendar month. It was alleged that the defendant had illegally constructed 5 rooms with pucca roof and also two tiled-roofed rooms on the vacant land within the suit premises without the knowledge and consent of the plaintiff. The further case of the plaintiff was that the defendant had also demolished some portions of the boundary wall of the suit premises and constructed another room and sublet the same without the consent of the plaintiff, It was alleged that the defendant had constructed one latrine in front of the main gate without the consent of the plaintiff. It was contended that the defendant thus violated the provisions of Clauses (m), (o) and (p) of Section 108 of the Transfer of Property Act. The plaintiff determined the