The defendant who suffered a decree for ejectment before both the Courts below prefers the second appeal.

.2. The plaintiff has alleged that the defendant who is a tenant under him on a monthly rent of Rs.1200/- failed to pay the rent and has not vacated the premises as directed in the notice issued by him. Hence, the suit for ejectment.

3. The defendant in the written statement disputes the allegation that the defendant neglected to pay the rent. She also set up a plea that the plaintiff agreed to sell the suit property to the defendant and received a sum of Rs.1,50,000/-towards advance of sale consideration. In the additional written statement filed by the defendant at the fag end of the trial of the suit attributed impropriety in the matter of issuance of statutory notice as contemplated under Section 106 of the Transfer of Property Act 1882.

4. The Courts below concurrently returned a finding that the defendant who came forward with a plea that there was an oral agreement of sale between plaintiff and the defendant failed to establish it: that the arrears of rent was not paid by the defendant/plaintiff and that the notice issued under Section 106 of Transfer of P