A. P. BHATTACHARYA, J.

( 1 ) THIS is an appeal by the plaintiffs whose suit for ejectment of a monthly tenant on the ground of forfeiture of the lease for nonpayment of rent was dismissed by the trial Court. The appeal is contested by the defendant. The defendant's prayer for relief against forfeiture under Section 114 of the Transfer of Property Act was allowed by the Court below and on compliance thereof the suit was dismissed. Mr. Ganguly arguing the appeal before us has submitted that the conduct of the defendant appellant has been such that the relief against forfeiture should not have been allowed to him as he had contested the suit and is also contesting the appeal with equal vigour.

( 2 ) MR. Ganguly at the time of argument submitted that the lease had expired on 31st May 1976 and he made an application for amendment of the plaint by introducing an additional ground for eviction namely a ground which is now available to the plaintiffs appellants after the lease has expired by efflux of time on 31st May 1976 though this event happened during the pendency of this appeal. An application for amendment of the plaint by adding an alternative prayer to that effect as a ground fo

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