Modi, J.—This is a defendants second appeal in a suit for recovery of arrears of rent and electricity and water charges and ejectment, which has been decreed by both courts below.

2. The appeal raises on interesting question as to whether electricity or water charges are part and parcel of the rent payable by a tenant or not. If this question is answered in favour of the plaintiff, then the defendants eviction must be held to have been rightly decreed. But, if on the other hand, such charges cannot be included within the meaning of the expression "rent", then it is equally true that the decree for eviction passed by the courts below against the defendant could not be sustained. There is one other point raised in the appeal as regards the proper quantum of water-charges payable by the defendant to the plaintiff and that question will also have to be decided.

3. Now before I address myself to the consideration of the main question arising in this case, a few facts may be stated which must be accepted as having been correctly found for the purposes of this second appeal. It has been held that the defendant was a monthly tenant of the plaintiff since January, 1952, and that there was a f

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