JUDGMENT :- This is a defendant tenant's appeal from a decree of the appellate Court evicting him from a house in suit and awarding arrears of rent and damages in favour of the plaintiffs land-lords. The trial Court dismissed the plaintiffs' suit but the lower appellate Court by reversing the trial Court decreed the suit.

2. Sri Gopal Behari, learned counsel appearing for the defendant appellant agitated a large number of questions of law in support of the appeal, but I think for the purpose of deciding this appeal I need not notice all the grounds urged in support of the appeal except the one on the question of the defendant tenant having failed to pay the arrears of rent demanded by the plaintiffs-landlords by a notice under Section 3(1)(a) of the U.P. (Temporary) Control of Rent and Eviction Act, 1947, as my answer to that question would be conclusive of the appeal.

3. Admittedly the plaintiff land-lords who are real brothers inherited the house in dispute from their ancestors, and so did the defendant tenant inherited the tenancy from his predecessors, father and uncle. It is further admitted that beside the defendant tenant his brother is also living in the house in suit. On 15-

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