This appeal is heard along with an application under S. 115 of the Code of Civil Procedure made in the alternative in the said appeal. This appeal arises out of the judgment and decree passed by the leaned Additional District Judge. 2nd Court, Howrah in title Appeal No.7 of 1976 reversing the Judgment and decree passed by the learned Munsif, 3rd Court. Howrah in Title Suit No. 190 of 1974.

2. The defendant is the appellant in the instant appeal and the said Title suit No. 190 of 1974 was instituted by the plaintiff for eviction of the defendant from the suit premises on the ground of reasonable requirement of the plaintiff. The plaintiff contended that the defendant was a monthly tenant under the plaintiff at a rental of Ra 125/- payable according to English calendar month and the said tenancy of the defendant had been duly determined by a notice to quit. As the plaintiff reasonably required the suit premises and as the tenancy was duly determined And the defendant failed to deliver up vacant possession the aforesaid suit had to be instituted. The defendant contested the suit by filing a written statement contending Inter alia, that the suit was not maintainable and the su