BHARGAVA, J.—This is a defendants appeal in a suit for eviction.

2. Plaintiffs case was that a Chabutra with a tin shed over it was rented out to the defendant on a monthly rent of Rs. 2/-. It was alleged that the defendant had made defaults in the payment of rent for five months i.e., from Sawan Badi 11 to Poh Badi 11, Smt. 2016. It was also alleged that he had raised the height of the tin shed and had closed the chabutra by fixing doors fitted in a wooden frame without his permission and in contravention of the terms of the lease. On these grounds the plaintiff sought defendants eviction from the disputed premises.

3. The defendant contested the suit. He admitted the tenancy only over eastern half portion of the chabutra at an annual rent of Rs. 24/- and stated that the remaining part was in occupation of his son. He also admitted the raising of the height of the tin shed and the fixing of doors with the permission of Gopiram plaintiffs agent. Objection was also raised with regard to the validity of the notice determining his tenancy.

4. Both the courts below have found that the defendant had made such constructions as have materially altered the premises. The trial court also held

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