S. D. AGRAWALA, J.

( 1 ) THIS is a defendants second appeal arising out of a suit filed by the plaintiffs-respondents against the appellant for ejectment from, the property No. 179 situate in Mohalla Basdeo, Jhansi and for recovery of Rs. 900/- as damages for use and occupation.

( 2 ) THE respondents case was that on 2-8-1960 the respondents granted a lease, in respect of a khandhar, the property in dispute in favour of the appellant Hukum Chand for a period of 10 years subject to the condition inter alia that Hukum Chand shall vacate the property on the expiry of the above date. It was further alleged that after the expiry of 10 years the tenancy of the appellant was terminated with effect from 1-8-70 by a notice which was served upon the appellant on 9-9-70 and since in spite of service of notice the property had not been vacated, hence the suit was filed.

( 3 ) THE suit was contested by the appellant. He admitted that he entered into an agreement of lease on 2-8-1960 for a period of 10 years on a monthly rent of Rs. 30/ -. It was, however, alleged by him that on 30-10-1963 the respondents executed a sale deed in favour of his wife prema Bai and Prema Bai became an absolute owner

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