( 1 ) THIS is a second appeal which has arisen like this. The property in dispute was an evacuee property. Madan Mohan Lal, father of the defendant, Baldev Krishan, was an allottee. The property was sold to the plaintiff, Moti Ram, on November 1, 1961, and a certificate was issued in his favour on December 20,1961. According to Section 29 of the Displaced Persons (Compensation and Rehabilitation) Act, 1954, the defendant became a statutory tenant and could not be evicted before two years without certain specified rounds. The plaintiff, however, filed an application for fixation of rent. The Rent Controller revised the rent to Rs. 15. 00 per month from Rs. 13. 00 per month. Moti Ram served a notice by registered post on Madan Mohan Lal on April 9, 1963, which was returned refused. Four years thereafter, Madan Mohan Lal died in the year 1967. The present suit was brought by Moti Ram against his son Baldev Krishan in 1969 for possession and recovery of damages. In that plaint, the plaintiff did not mention that the tenancy had been terminated by a notice. It simply averred that Madan Mohan Lal was a statutory tenant and after his death, the tenancy not being heritable d