( 1 ) THIS is a plaintiffs first appeal arising out of a suit for ejectment of the defendant, who was a tenant of the plaintiff-appellant, of a cinema building known as Ram Hall in Kanpur. The plaintiff also sued for arrears of rent and for mesne profits for the period during which, according to the plaintiff, the defendant continued in possession after the tenancy had come to an end. According to the plaintiff, the tenancy was terminated by a notice dated 9-4-1946 calling upon the defendant to vacate the building in suit after 10-5-1946 after 12 Oclock in the night. The plaintiff also gave another subsequent notice dated 13-9-1947, in which he called upon the defendant to vacate Ram Hall by 10-10-1947 and deliver the possession of it to the plaintiff. Though the claim, as framed, based the case on ejectment on the earlier notice dated 9-4-1946, it appears that the subsequent notice dated 13-9-1947 was also mentioned in the plaint and during the trial of the suit reliance was placed on this subsequent notice also as having the effect of determining the lease in favour of the defendant. Before the suit was instituted the plaintiff had obtained permission of the Distr