ORDER

S.S. Dhavan, J. - This is a tenant's second appeal from a decision of the Second, Addl. Civil Judge of Meerut reversing that of the City Munsif, Meerut ana decreeing the landlord's suit for his ejectment. D.D. Jain and six others are the trustees of the Harbans Charitable Trust which is the owner of the property in dispute. One of the matters in controversy is whether this property is a piece of land or an accommodation as defined in Section 2 (a) of the UP Control of Rent and Eviction Act. The Plaintiff Respondents described it in the plaint as a plot of land and alleged that it was let out to the Defendant Appellant Ram Dalarey by the late Harbans Lal on Rs 6/-/- per month, the tenancy being from month to month, that the trust needed the land for its own use and terminated the tenancy by a notice dated 31.7.1959; that the Defendant had not vacated the land; hence the suit for ejectment. The Plaintiffs contended that as the leased property was a vacant piece of land it was not subject to the provisions of the Control of Rent and Eviction Act. They asked for the ejectment of the Defendant and recovery of Rs. 84.60 of which Rs 27/ were claimed as rent and Rs. 57.00 rest as comp