( 1 ) THIS is tenants second appeal, Courts below having rendered non-concurrent judgements. At the stage of admission itself parties have exchanged counter and rejoinder affidavits and it was urged that since the only question involved in the appeal was about the validity of the notice the same may be disposed of at this very stage. In view of this the parties were heard on merits as well.

( 2 ) TO have a hang of the dispute between the parties it will be better to comprehend the relevant facts. The plaintiff claiming to be the owner of an open piece of land claimed that the defendant was his tenant. A notice under Sec. 106 of the Transfer of Property Act was served whereupon the suit was filed for his eviction. The suit was resisted by the tenant on several grounds but the main ground was that the defendant was continuing as tenant from the time of the plaintiffs father. It was also contended that Keshav Dev and Jagannath were the real owners of the property and since all the heirs of the two had not joined in serving the notice, the plaintiff alone had no right to file the suit or to terminate the tenancy. In this connection it was also alleged that the widow, tw