( 1 ) THIS is an appeal against the judgment and decree passed by the learned Additional District Judge, 12th Court at Alipore in Title Appeal No. 1038 of 1970 dated 30th April 1971 affirming those of the learned Subordinate Judge, 6th Court at Alipore in Title Suit No. 67 of 1963 passed on 19th June 1970. The facts of the case may briefly be stated as follows :--The respondent filed a suit for ejectment and mesne profits against the defendant, who was a monthly tenant at a rent of Rs. 400/- payable according to the English calendar month. According to the terms of the tenancy, the defendant was not to make any addition or alteration to the premises without the consent of the plaintiff in writing. The plaintiff was informed that the defendant has constructed a pucca temple and two sheds with pucca walls etc. with C. I. roof on the suit premises. These structures are of permanent nature and have been illegally made without the knowledge and consent of the plaintiff. Thus the defendant has acted contrary to the provisions of Clauses (m), (o) and (p) of Section 108 of the Transfer of Property Act and is liable for ejectment.

( 2 ) THE defence is that the structure