This is an appeal by the plaintiff. The suit was for ejectment of the defendant-tenant from a building. It is a shop-room. The Kerala Buildings (Lease and Rent Control) Act is not applicable to the area where the building situates.

2. Normally, the tenant has to surrender the building. The only point that survived for the consideration of the courts below was whether there was a proper and valid termination of the tenancy by issuing a notice terminating the tenancy under S.106 of the Transfer of Property Act. The trial court decreed the suit, holding that there is no defect in the notice terminating the tenancy. The defendant filed an appeal. The appellate court allowed the appeal holding that there is no valid termination of the tenancy by a proper notice under S.106 of the T. P, Act. Now the plaintiff appeals.

3. I shall deal with the facts briefly. Ext. Al is the contract of lease. Ext. B2 is the notice sent to the defendant by the plaintiff terminating the tenancy. It is dated 24-4-1980. By the notice Ext. B2, the plaintiff wanted to terminate the tenancy with effect from 14-5-1980. The due date of payment of rent under the agreement by the parties is 15th of every mo