( 1 ) THIS is a defendants second appeal arising out of suit for ejectment and also for recovery of arrears of rent.

( 2 ) ACCORDING to the plaintiffs case, the plaintiff is a registered society and Sri Bishan Swaroop gupta is its secretary duly authorised to file the suit. The defendant, according to the plaintiff is a monthly tenant @ Rs. 20/- per month who had been served with a registered notice dated 28-12-1969 under Section 106 of the T. P. Act by which his tenancy has been duly terminated and despite service of the notice he is not delivering the possession of the property in suit and hence the suit.

( 3 ) THE aforesaid suit has been contested by the defendants on the ground that no valid notice has been served on him and further that the provisions of U. P. Act No. 3 of 1947 were applicable to the case and the defendant was not liable to eiectment, besides other pleas.

( 4 ) THE trial court, besides other issues, framed issue No. 2 to the effect:

"whether the plaintiff has served any notice of termination of tenancy upon the defendant. If so, whether that is a valid notice?"

On the aforesaid issue the trial court held that the notice which is alleged to have