Banerjee. J. :- This appeal at the instance of the tenants arises out of a suit for eviction on the ground of contravention of the provision of clauses (m), (o) or (p) of section 108 of the Transfer of Property Act. The allegations made in the plaint are that the plaintiff-respondent is the landlord of premises No. 209/B, Acharya Profulla Chandra Road, Cal-4. The defendant was a monthly tenant in respect of a flat on the second floor of premises No. 209/B, Acharya Profulla Chandra Road, Calcutta-4, at a monthly rent of Rs. 35-50P payable according to the English Calender month. Therefore the tenancy was determined by a combined notice to quit on 26th April, 1969. It is alleged that the tenant without the knowledge and consent of the landlord made unauthorised construction of a room with pucca walls of brick with cement by digging the roof of the house in various places and thereby contravened the provisions of clauses (m), (o) or (p) of section 108. It is further allege that by notice dated 17th April, 1969 the defendant was requested to demolish the structure but the defendant failed to do so. Hence the suit. The court below decreed the nit brought by the plaintiff. Hence