JUDGMENT

Mitter, J. - This is an appeal on behalf of the plaintiff and arises in a suit in ejectment. The only question which has been debated before us is the question as to the necessity and sufficiency of the notice to quit. It appears that the defendant was holding under two leases which he had obtained from Raja Peary Mohan Mukherjee on 7th Aswin 1320 B. S., in respect of two different plots. The leases were for a term of nine years and they expired on 16th September 1922 corresponding to the end of Bhadra 1329 B. S. The case made by the defendant is that he held over after the expiry of the leases. The plaintiff, it appears, subsequently got an intermediate lease from the Raja on 27th Pous 1331 corresponding on 11th January 1925. After obtaining the said lease the plaintiff issued a notice to quit on the defendant and that was served on 9th April 1925. The notice required the defendant to quit on 30th Aswin corresponding to 16th October 1925. The suit in ejectment was commenced on 1st March 1926. The defendant raised various contentions and amongst others he questioned the sufficiency of the notice. The trial Court negatived all the contentions of the defendant; on the questio