This second appeal arised out of a suit for the defendants eviction on the ground that the latters tenancy in the suit accommodation, was determined by the plaintiff-landlord and after such determination the defendants were liable to be evicted from the said accommodation. The plaintiff also claimed arrears of rent and damages for illegal use and occupation etc. The brief facts are these:

"the plaintiff claimed to be the Karta of his joint family. House No. 261/262, Sadar Bazar, Allahabad, was claimed to belong to the joint family. The defendants were alleged to be the tenants on a monthly rent of Rs. 15/ -. It was alleged that the tenants did not pay the arrears of rent due from them for the period from August, 1961, to September, 1963. After adjustment of two months rent towards repair, a net sum of Rs. 360/- was thus due from them to the plaintiff as arrears of rent for the said period. By a notice dated 3rd October, 1963, the plaintiff asked the defendants to pay the arrears and the tenancy was also determined. However, the defen dants neither paid the arrears of rent nor did they vacate the suit accommodation in their tenancy. Hence the suit. "

The defendants c