JUDGMENT :- The plaintiff-appellant, Anant Lal Goel is the owner of the premises numbered 85-D and 85-E, K. P. Kakkar Road, Allahabad. The upper portion of the building, 85-D, is used by the appellant for residential purposes, 85-E consists of three shops on the ground floor. One out of the three shops on the ground floor was let out by him to the respondent under a registered lease deed dated 30-8-1951 for a period of three years with effect from 1-9-1951 on a monthly rent of Rs. 75/-. Admittedly, the respondent continued to remain in occupation of the shop as a month to month tenant on the same rent after the expiry of the period of three years. The landlord by notice dated 10-4-1961 (Ex. 1) terminated the tenancy and filed a suit for ejectment, arrears of rent and damages for use and occupation at the rate of Rs. 75/-. This suit was decreed by the trial court in toto. The trial court's decree has been reversed by the lower appellate court and the entire suit has been dismissed. The landlord has filed this second appeal praying that the trial court's decree be restored.

2. According to the appellant, the shop in question was under erection on 1-1-1951 and, the constructio