This second appeal arises out of a suit which the plaintiff filed claiming to be the landlord of the suit accommodation and the defendant s eviction was claimed from the said accommodation on the ground that the latter s tenancy in the same had been determined by a notice under Section 106 of the Transfer of Property Act. The plaintiff alleged that the defendant tenant failed to pay the arrears of rent due from him for the period from 1st July, 1958 to December, 1958, within a month of the notice of demand which was served on him on 21st January, 1959 and, therefore, he became a defaulter and the suit for eviction was, therefore, maintainable without the permission of the District Magistrate under Section 3 of the repealed U. P. Act III of 1947. The abovementioned notice was a composite notice which combined demand with the determination of the defendant s tenancy. The tenancy stood determined with effect from 28th February, 1959. Therefore, with effect from March 1, 1959, the defendant became liable to pay damages for his illegal use and occupation which were claimed at the rate of Rs. 45/- per month which was also the contractual rate of rent. Thus, the plaintiff clai