JUDGMENT :- This is the defendant s second appeal arising out of a suit for the tenant s eviction filed by the landlord after determining the former s tenancy. The brief facts are these: The plaintiff claimed to be the owner of premises No. 3648-E situated at Sultanganj, Agra whose details are set out in the plaint. It was contended that in the said premises the defendant was the tenant of a thatched Kotha on behalf of the plaintiff. The tenancy also included Sahan on the eastern side of the Kotha. It was a monthly tenancy and the month of tenancy started from the 1st day of each English calendar month. The monthly rent was four annas per month. It was further alleged that the defendant effected material alterations and he encroached upon the plaintiff s land on the eastern side by putting another shed and by opening another door towards the west of the said premises. By a notice dated 6th July, 1961, which was served on the defendant on 18th July, 1961, the plaintiff determined the latter s tenancy and the defendant was called upon to pay the arrears of rent due from him and to vacate the premises after the period of notice. The defendant failed to comply with the notice. Hence th

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