DHAVAN, J. : This is a landlords' appeal from a decree of the Civil Judge of Moradabad dismissing their suit for the ejectment of the tenant. The plaintiff-appellants alleged in their plaint that they had let out a plot of land to the defendant-respondent Mohammad Noor on a rent of Rs. 3 p.m. and the respondent used the land for carrying on business of selling fuel wood on it; that the respondent had not paid the rent for several months; that the appellants had determined the tenancy by serving a notice on the respondent to quit within thirty days; that he had not vacated the land hence the suit. The appellants asked for a decree for arrears of rent and the ejectment of the respondent.

2. The defendant resisted the suit. He denied that he had defaulted in payment of rent and also contended that the notice terminating the tenancy was invalid.

3. In view of the arguments addressed to me in this appeal it is necessary to mention the issues framed by the trial Court. These were as follows :

"(a) whether the defendant has defaulted in payment of rent for more than three months ? If so, its effect ? (2) Whether the notice to quit is invalid and defective. If so, its effect ? (3) Wh