JUDGMENT:- This is a defendants' appeal arising out of a suit for ejectment, arrears of rent and damages for use and occupation. Plaintiffs instituted the suit on the allegation that the defendants were tenants of a portion of the building and were trespassers in respect of the remaining portion, and that they were liable to be ejected from the portion they were occupying as trespassers and also from the portion they were occupying as tenants because they had defaulted in paying arrears of rent and had made material alterations in the building which had affected adversely the utility of the building.

2. The case of defendants was that they were not the tenants of a portion of the building but of the entire building and the plea that they were trespassers was not a correct plea. The defendants also contended that the notice under Section 106 of the T. P. Act was bad because it was not given to the lessee, who according to them was the partnership firm and not the partners, and also because it was not in respect of the entire premises that were the subject-matter of the tenancy. It was also their case that they had committed no default in payment of rent and had made no material alter

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