JUDGMENT

S.S. Dhavan, J. - This is a tenant's second appeal from the concurrent decisions of the courts below decreeing the landlord's suit for his ejectment and recovery of arrears of rent from him. The facts are these. The defendant appellant Charanjit Singh is the tenant of an accommodation in Bareilly in which he carries on business under the name and style of Messrs 'Military Stores and of which the plaintiff respondent Ram Lal Kohli is the owner and landlord. The agreed rent is Rs. 35/- per month. Tile plaintiff alleged in his plaint that the appellant Charanjit Singh had taken the shop on rent on 15th November 1959 on monthly tenancy and paid the rent till December 1959, but nothing after that date; that on 22-3-1961 he served a notice on the appellant demanding payment of the arrears of rent but the latter made no payment; that on 8-5-1961 the plaintiff served another notice demanding payment of rent and simultaneously terminating the tenancy and asking the appellant to vacate the accommodation within one month; that the appellant neither paid the rent nor vacated the accommodation; hence the suit for his ejectment and recovery of arrears of rent from him.

2. The appellant r