JUDGMENT

K.B. Asthana, J. - The only question that arises for determination in this Second Appeal is whether a notice terminating the tenancy of the defendant appellant and asking him to quit on the expiry of thirty days from the receipt thereof was a valid notice.

2. The undisputed facts of the case are that the plaintiff respondent is the owner of a building in which the defendant appellant took on rent rooms in the ground floor including some machinery fitted therein for grinding wheat flour and Dals. A rent at the rate of Rs. 150/- per month was paid. The plaintiff served upon the defendant the notice in dispute terminating the tenancy and asking him to quit on the expiry of thirty days from the receipt thereof. Since the defendant did not comply with the terms of that notice hence the suit for ejectment, recovery of arrears of rent and mesne profits, which has given rise to this appeal. It was averred in the plaint that a deed of lease was executed stating the terms of the tenancy which was a monthly tenancy and was terminable by a month's notice. The plaintiff did file the said document as evidence in the suit but it was impounded as it did not bear the requisite stamp duty an