Wanchoo, C.J.—This is a second appeal by Seth Lalchand in a suit for ejectment and arrears of rent and damages for use and occupation.

2. The suit was brought by Seth Radhaballabh respondent. The case of the plaintiff briefly was that the shop in dispute originally belonged to Bakshi Bhagchand and was purchased by the plaintiff in April, 1917. The shop had been rented out by the previous owner to the defendant appellant at Rs. 21/- per month for a fixed term of three years which expired on the 2nd of March, 1948. The plaintiff requited the shop for his personal use; but as the defendant did not vacate the shop after the period of tenancy was over, the plaintiff served one months notice on him in January, 1949. The defendant did not vacate the shop even then. Thereupon the plaintiff filed this suit with the permission of the Rent Controller who had granted a certificate to the plaintiff to sue for ejectment. The suit was resisted by the defendant on various grounds, most of which are however not material now.

3. Only two points were urged in second appeal when the matter first came before a learned Single Judge of this Court in 1955. These points were:—

(1) That the notice given by the

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