Banerjee, J.

This appeal arises out of a suit for eviction from one bed room in the first floor and one kitchen room with the right of user of common bath, privy and filtered water tap in the ground floor of premises No. 56/1, Pathuriaghata Street, Calcutta. The defendant was the monthly tenant at the rate of Rs.40/- per month according to the English Calendar. It is stated that the defendant-tenant is liable to be evicted on the ground that the defendant is a habitual defaulter in payment of rent since the month of August, 1966 and the defendant has done acts contrary to the provisions of clauses (m), (o) and (p) of S. 108 of the Transfer of Property Act by blocking the passage varandah in front of his bed room with a door, installed in front of it and converting the said passage varandah into a room and using the same for cooking purpose causing damages and material deterioration of the condition of the building. The tenant defendant denied that he was defaulter. It is stated that he became a tenant in respect of one bed room on the first floor and one kitchen room with the right of user of common bath, privy and filtered water tap in the ground floor of premises No. 56/1,