AGARWALA, J.:- This is a defendants appeal arising out of a suit for ejectment. The plaintiff respondent is the owner of a building which was let out to the defendant appellant under an unregistered rent note executed by the defendant-appellant. The rent agreed to be paid was from month to month at the rate of Rs.50/- per month according to the Hindi Calendar.

2. The evidence disclosed that the lease was for the purpose of establishing a Dal factory, that is, for a manufacturing purpose. The defendant-appellant held over after the expiry of the rent note and rent was accepted by the plaintiff-respondent. On the 13th January, 1950, the plaintiff-respondent gave fifteen days notice to the defendant-appellant for vacating the premises and when the defendant-appellant did not vacate, he filed the present suit for his ejectment.

The defendant-appellants contention, inter alia, was that the notice was defective inasmuch as the lease being for a manufacturing purpose he was entitled to six months notice under the provisions of S.106, T.P. Act. The trial Court held that only fifteen days notice was necessary and decreed the suit.

The lower appellate Court held that since the defendan