( 1 ) THIS appeal has been preferred challenging the judgment and decree dated 31. 7. 1989 (being the order of remand) passed in Title Appeal No. 61/89 by the learned Assistant District Judge, Ulberia.

( 2 ) THIS appeal originates from a suit for ejectment of arrears of rent and mesne profits.

( 3 ) THE case of the plaintiff as made out in the plaint in brief is that the suit property belong to him and he inducted the defendant as a tenant in it as a monthly tenant on a rental of Rs. 14/- payable according to Bengali calendar month. The defendant paid rent upto the month of Magh, 1389 B. S. and on and from Falgun 1389 B. S. till Chaitra 1392 B. S. He had been a defaulter in respect of payment and the plaintiff prays for eviction of the defendant from the suit premises and also claims the arrears of rent which comes to Rs. 532/ -.

( 4 ) IT has also been stated in the plaint that the plaintiff served notice upon the defendant under section 106 of Transfer of Property Act and sent through Registered Post on 5. 5. 1986 demanding inter alia other things there on eviction of the defendant from the suit premises with the expiry of the month of Jaistha 1393. B. S. The d