( 1 ) THIS appeal from appellate decree is directed against the judgment and decree dated August 30, 1970, made in Title Appeal No. 337 of 1970 by Shri S. K. Dutta, Additional District Judge, 1st Court, Alipore, affirming thereby the judgment and decree dated January 30, 1970, made in Title Suit No. 234 of 1968, by Shri D. K. Panda, Munsif, 2nd Court, Alipore.

( 2 ) THE plaintiff respondent, being the owner of the premises in suit brought the Tile Suit in question against the defendant appellant for recovery of Khas possession by eviction and for mesne profits and also for compensation for damages caused to the premises. It was alleged that the defendant appellant was a tenant in respect of two bedrooms, one privy and one verandah at a monthly rent of Rs. 35/-, payable according to English calendar month. It was contended that the tenant defendant broke open a portion of the wall in between the bed rooms of his tenancy, made a hole in the wall of the privy and broke other portions of the rooms of the tenancy and thereby contravened the provisions of clauses (m) and (o) of section 108 of the Transfer of Property Act and as such became liable for eviction. The tenancy