JUDGMENT

Droki Nandan, J.

This is plaintiff's second appeal in a suit for ejectment, arreas of rent and damages for use and occupation in respect of a residential accommodation situate at Kanpur. The trial Court had decreed the suit, but the lower appellate Court has dismissed it. The building, of which the accommodation forms part, according to the plaintiff's case and now according to the findings of the two Courts below also, was constructed after the year 1950. The building is in two parts, being situate on two separate plots of land and bearing two separate municipal numbers ; but the building was constructed jointly by the plaintiff and her husband Ram Rattan. An earlier suit, being Suit No. 1154 of 1965, filed by the present plaintiff and her husband against the defendant for ejectment and arrears of rent, was decreed by the trial Court, but the Court of Civil Judge Kanpur in Civil Appeal No. 253 of 1967 had dismissed the claim for ejectment on the ground that the notice served under Section 106 of the Transfer of Property Act was not valid and effective inasmuch as it was not served by both the landlords, namely, the present plaintiff and her husband Ram Rattan, who were fou