VIKRAMAJIT SEN, J.

( 1 ) THE plaint contains several prayers, inter alia, for the passing of a decree ofpossession of the property in suit. This prayer is available to the Plaintiff if the monthlyrent of the suit premises is in excess of Rs. 3500. 00. and if the tenancy has been validlyterminated. The allegations in the plaint are that the period of lease had expired on31. 8. 1995 but that Defendant No. 2 continued to occupy the premises even thereafter. Hence the tenancy of the Defendants had been terminated vide notice dated 2. 3. 1998,the receipt of which is admitted by the Defendants. In para 8 of the its Writtenstatement the Defendants have pleaded inter alia, as follows:

"that the contents of para No. 8 of the plaint are wrong and denied. It iswrong that tenancy was terminated or no reply to the notice dated 2/03/1998 was given by the defendants. It is submitted that a detailed reply to thesaid notice was, duly sent by the defendant through speed post dated23. 4. 1998.-That even otherwise it is respectfully submitted that notices issued by theplaintiff stand waived by express and also impleaded consent of plaintiffno. 1. The plaintiff renewed the lease and agreed that the defe

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