1. The question that arises for decision in this revision petition is whether the sufficiency of a notice to quit which is shown to have been issued to a tenant in occupation of a building can be raised for the first time in appeal.

2. The petitioner was sought to be evicted out of a building which is in his occupation as tenant under the respondent on the ground that the petitioner kept the rent in arrears and that the respondent-landlord wanted the building for her bona fide occupation. These contentions of the respondent were repelled by the Rent Controller dismissing the respondent's application for eviction. But, in appeal, the Appellate Authority found that the ground for eviction due to arrears of rent was sustainable and eviction was ordered. That order was also confirmed in revision by the Revisional Authority, which is the District

Judge. Both the Appellate Authority as well as the Revisional Authority did not permit the revision petitioner to raise the contention in appeal that the quit notice Ext. P1 was not sufficient as not in conformity with the provisions of S. 106 of the Transfer of Property Act. Both the authorities held that the revision petitioner coul