1. I think (he lower appellate court was right in holding that the notice, Ext. A3 dated 22101948,. issued by the plaintiff to defendants 1, 2 and 3 but not to the 4th defendant was not effective to determine the under-lease which by reason of the surrender of the lease by Ext. A-2 dated 12 31945 must, for all intents and purposes, be regarded as a direct lease under the plaintiff. Both according to the plaint and the written statements, the 4th defendant also was an under-lessee, whether along with defendants 1, 2 and 3 as an heir with them of the original under-lessee as alleged in the plaint, or along with defendants 1 and 2 only as a donee with them under Ext. B-2 dated 4 7 1945 from a legatee of the original under-lessee, is a matter of no consequence. In either case, the 4th defendant and her co-tenants could have taken only as tenants in common and not as joint tenants defendants 1 and 2 are sons, the 3rd defendant, the daughter and the fourth defendant, the widow of the original under-lessee, and, while on the one hand there is no averment that they constituted a joint family and took the property as such, on the other, there is nothing in the gift deed Ext. B-2