JUDGMENT

Khare, J. - This is an appeal directed against the judgment and decree dated 14th December, 1962 passed by the learned Additional Civil Judge, Pratapgrah. The suit was for ejectment and arrears of rent in respect of house No. 275/1, situate in mohalla Mackendrawganj Chowk, Pratapgrah. It was filed after having obtained the permission of the Rent Control and Eviction Officer to evict the tenants, namely, Abdul Rehman and his son Abdul Mannan.

2. The trial court decreed the plaintiff's suit both for ejectment and arrears of rent. The plea taken by the defendants that no notice had been given under section 106, Transfer of Property Act, was not accepted.

3. The defendants preferred an appeal, and the only point pressed was that no notice had been served on the defendants in respect of the shop in question. The learned Civil Judge noticed that there had occurred an in-advertent mistake in the notice duly served inasmuch as the number of the shop had been mentioned as 75/1' instead of 275/1'. However from a perusal of the notice itself the defendants could have come to the conclusion that it was in respect of shop No. 275/1 belonging to the plaintiff and not in respect of shop N