JUDGMENT :

Misra, J. - This is an appeal by the Defendant against the concurrent decisions of the two courts below decreeing the Plaintiff's suit for ejectment. The Plaintiffs are the owners of a house which was let out on a monthly tenancy to the Defendant on a rent of Rs. 4/-. per month. The house belongs to Ramachandra, Plaintiff No. 1, Lakshman Sahu, Plaintiff No. 2 and Susila Bewa, Plaintiff No. 5 the widow of Jagannath who died in 1949. The Plaintiffs filed a small cause court suit No. 45049 claiming arrears of rent from the Defendant from July, 1946 to may, 1949. The defence was that at the time of the death of Jagannath certain articles were taken on credit from his grocery shop which he was holding in the disputed house by the Plaintiffs and it was agreed that the price of the articles should be adjusted towards the arrears of rent. After contest that suit was decreed on 22-12-49. In the meantime the Plaintiffs served notice to quit on the Defendant on 11-7-49 asking him to quit by the end of July, 1919 and they also claimed arrears of rent for June and July, 1949. On 16th of January, 1950, the present suit for ejectment was filed, and there was a claim for rent for June, J