1. This second appeal is filed by the unsuccessful defendant.

2. The suit was filed for delivery of vacant possession of the suit property by the plaintiff.

3. The case of the plaintiff is that the plaintiff is a public charitable trust. The defendant is a monthly tenant in a portion in the ground floor on payment of Rs.226. The tenancy is for non-residential purpose. On 26.7.1982, notice was sent for payment of rent, As there was no payment on 7.9.1982, notice determining the tenancy was sent. Since there was no compliance the suit was filed.

4. The defendant contended that the allegation of nonpayment of rent for 44 months was not correct. Notice dated 7.9.1982 terminating the tenancy was not valid in the law. In the additional written statement the defendant asserted that the plaintiff was not a public charitable trust. Hence it was not entitled for exemption. In substance, the defence was that the suit was not maintainable in the civil court and the remedy was before the Rent Controller.

5. The trial court framed two issues and one additional issue. The additional issue related to the character of the trust as to whether it is a Public Charitable Trust or not.

6. The