( 1 ) THIS is an appeal by a plaintiff whose suit for ejectment of the defendant-respondent from a shop was decreed by a Munsif, but has been dismissed, on appeal, by an Additional Civil Judge. The facts are these.

( 2 ) THE appellant let out the shop to the respondents father Lallo Mal for a period of eleven months on 23rd October 1942 on a monthly rent of Rs. 15. The period of the lease expired on 23rd September 1943 and Lallo Mal continued to be in possession, paying rent at the same rate of Rs. 15 per month which was accepted by the appellant. Lallo Mal died in January 1944, and the respondent continued in possession. The appellant did not recognise him as his tenant and refused to accept the rent offered by him. He asked him to vacate the shop and on his refusal filed the suit for possession, treating him as a trespasser. He had not given him any notice to quit. The suit was contested on the ground that the respondent had become a tenant by inheritance from his father and was not liable to be ejected without a valid notice to quit. The learned munsif, holding that he was a trespasser having absolutely no right to remain in possession, decreed the suit, but the learne