This is a second appeal The plaintiffs' case is as follows. The suit holding is a part of a two storeyed building at Tulapatty in Silchar town. The plaintiffs are the owners of the building. Defendant No. 1 was a monthly tenant of the suit holding at Rs. 15/- per month' ac­cording to the Bengali calendar. But sub­sequently he sub-let a part of the holding to defendant No. 2 at a monthly rent of Rs. 15/-. He also defaulted payment of rent and failed to pay the rent for the months of Baisakh and Jaistha, 1366 B. S. ' to the plaintiffs. Moreover, after obtaining settlement of the suit holding he arranged another house in the town for the purpose of his residence and used to stay there. On the other hand, the suit holding was required for the plaintiffs" own use and oc­cupation. The plaintiffs, therefore, served a notice upon the defendants terminating their tenancy and directing them to vacate the suit holding on the expiry of the month of Ashar 1366 B. S. But the defendant did not comply and hence the suit

2. Defendant No. 1 alone has contested the suit. He denies almost all the allega­tions made by the plaintiffs. The suit was dismissed by the trial Court as well a