JUDGMENT

S.S. Dhavan, J. - This is a tenant's second appeal from the concurrent decrees of the courts below ordering their ejectment (from a one-room tenement. The appellants Gussain Ram and Harish Lal Raj are the tenants of the room which is a part of a building situate in Nainital, of which the plaintiff-respondent Mohammad Siddiqui is the owner and landlord. The plaintiff alleged that the defendants were the tenants of the previous owner who sold the building to him, and the defendants continued to be his tenants on the same terms as before. He alleged that the tenancy was from month to month and the rent was Rs. 2/8/- per month. The plaintiff purchased the house in January 1960 and in September he served on the defendants a notice of demand for one year and eight months rent. The plaintiff alleged that as the defendants did not pay the rent within one month, he filed this suit after terminating the tenancy. He made other allegations against the appellants which I have ignored because these were not believed by the courts.

2. The appellants resisted the suit and denied that they had committed any default in payment of rent. They alleged that they had been tenants of the previous