( 1 ) THIS second appeal by a plaintiff whose suit for arrears of rent and ejectment of the respondent from an accommodation governed by the Rent Control and Eviction Act has been dismissed by the courts below, came up for hearing before one of us and he referred it to a larger Bench on account of conflict among various authorities of this Court. Sri K. B. Sinha for the appellant does not press the appeal as regards the arrears of rent and we are concerned only with the question of ejectment of the respondent. The facts giving rise to the dispute are as follows. In 1952 a Munsif acting under Section 5 (4) of the Act made an order fixing Rs. 15/- as the rent of the accommodation to be paid by the respondent to the appellant. The appellant sent by registered post a notice which was received by the respondent on 28-8-1958. The relevant contents of the notice were thus :

"rent from 1-9-57 to 31-7-58 at a rate of Rs. 15/- per month amounting to Rs. 165/-are due which please pay. Since my client does not wish to keep you a tenant your tenancy is terminated and you are hereby asked to vacate the premises in your occupation on the 30th day after the receipt of this notice faili