BHANDARI, J.—This is a Civil Second Appeal in a suit for ejectment and arrears of rent. In the trial court the plaintiffs were Chhitarlal and his two sons, Roshanlal and Lakshmi Narain, but after the filing of the appeal Chhitarlal died, and his legal representatives have been brought on record. The suit relates to a shop and a room over it, situated at Surajpole in the city of Udaipur which, according to the plaintiffs, was given on lease at Rs. 22/- per mensem to the defendants, and the defendants had executed the rent note (Ex. 3) on 25th September, 1951. The plaintiffs claimed ejectment of the defendants on several grounds which need not be mentioned as the lower appellate court has dismissed the suit of the plaintiffs solely on the ground that notice for determination of tenancy was not in accordance with law. On 21.5.1960, the plaintiffs served a notice on the defendants terminating their tenancy on and from 30.6.1960. The lower appellate court has taken the view that the tenancy commenced on 25.9.1951, and as it was a tenancy from month to month, it could be properly terminated by 15 days notice expiring with the end of the month of the tenancy i.e. by 15 days notice expirin

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