P. K. MOHANTI, J.

( 1 ) THE second appeal is by the defendant against a decree of affirmance arising out of a suit for ejectment and for recovery of arrears of house rent.

( 2 ) THE plaintiff's case was that the suit house was let out to the defendant in the month of July, 1968 on a monthly rent of Rs. 15, but the defendant failed to pay the rent from May, 1972 despite repeated requests and did not vacate the house despite service of notice under Section 106 of the Transfer of Property act determining the tenancy with effect from 31st October, 1973.

( 3 ) THE defendant disputed the plaintiff's title to the suit house and denied that he was a monthly tenant under the plaintiff in respect of the same.

( 4 ) THE learned Munsif decreed the suit holding that the plaintiff was the owner of the suit house, that the defendant was a monthly tenant in respect of the same, that he was in arrears of house rent from May, 1972 and that the notice under Section 106 of the Transfer of Property Act terminating the tenancy with effect from 31st October, 1973 was duly served on the defendant.

( 5 ) BEFORE the first appellate court the defendant did not challenge the finding of the trial court th