S. ACHARYA, J.

( 1 ) THE sole plaintiff has filed this second appeal against the reversing decision dated 9-7-1969 of the Subordinate Judge, Bal asore in Miscellaneous Appeal No. 120/6/9/3 of 1966/67/68 (1 ).

( 2 ) THE plaintiff's case, in short, is that he purchased 8 decimals of land on 28-31959 appertaining to plot No. 327 of Holding No. 15 in village Natakhata from one rameshwar Marwari of Balasore town as per a redstered sale deed, Ext. 1 dated 28-3-1959, and on a portion of the said land measuring 0. 005 decimals he constructed a mud and thatched house. After the construction of the house the defendant was allowed to occupy the said house as a monthly tenant on a rental of rs. 3/- per month. He paid rent to the plaintiff regularly till March, 1962, but thereafter as he defaulted in payment of the same, the plaintiff issued a notice, thro ugh his lawyer on January 16, 1964 (Ext. 2) for payment of rent and for vacating possession of the house. The defendant did not accept the same, as according to him, the address given in the said notice was incorrect. Thereafter the plaintiff instituted this suit for recovery of possession of the suit land purchased by him, for eviction of