ORDER

G.D. Sahgal, J. - This is a Defendant's second appeal. The Plaintiff-Respondent filed the suit against the Appellant for his ejectment from an accommodation and for recovery of arrears of rent. The provisions of the U.P. (Temp.) Control of Rent and Eviction Act, 1947 applied to the accommodation as it was situated in the town of Sitapur. Before the filing of the suit for ejectment the Respondent made an application u/s 3 of the Act to the RC and EO exercising the powers of the D.M. Permission to file a suit for ejectment was granted on 27-12-1965 to the Plaintiff on condition that the suit against the Defendant-Appellant could be filed only after the expiry of the period of one month from that date, this period of one month being allowed to the Defendant for making arrangement for accommodation else where. Before the period of one month from 27-12-1965 could expire the Plaintiff, however, gave notice to the Defendant u/s 106 of the Transfer of Property Act on 8-1-1966 calling upon him to vacate the accommodation in suit after the expiry of 30 days from the date of the receipt of the notice. This notice was served on the Defendant on 13-1-1966. The suit was then filed on 15-2-1