JUDGMENT :- This is an appeal against the judgment and decree passed by the Additional Civil Judge, Azamgarh allowing an appeal against the judgment and decree passed by the II Additional Munsif, Azamgarh.

2. The facts giving rise to this appeal are as follows.

3. The plaintiff is the owner of a house situated in Rani Ki Sarai, Pargana Nizamabad, district Azamgarh. This house was rented to the defendants on an annual rent of Rs. 100.00. The defendants installed a flour mill in that house. A notice was served on the defendants that they were in arrears of rent for more than a year and had not paid it, therefore, the tenancy was terminated and the defendants were asked to vacate the premises. Another notice Ex. A.5 was also served on the defendants before the expiry of the period mentioned in the earlier notice. As the defendants did not vacate the house, therefore, the plaintiff filed this suit for arrears of rent and ejectment of the defendants.

4. The defendants contested the suit and inter alia pleaded that the notice was invalid.

5. The learned trial court held that the earlier notice was waived by the plaintiff and as the suit was filed before the time given in the second notice ha

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