( 1 ) THIS Second Appeal has been referred to this Bench in the following circumstances. The respondent brought a suit against the appellants for their ejectment from a non-residential accommodation and for recovery of arrears of rent. It was alleged that the monthly rent was Rs. 45/-as agreed between the parties. The defendant paid rent upto March 30, 1965, but did not pay any rent equivalent Citation: thereafter. The plaintiff served a notice dated December 29, 1965, on the defendants determining the tenancy on January 31, 1966, and to pay arrears of rent, Rs. 540/- from April 1, 1965, to March 31, 1966. This notice was served on defendant No. 2 on December 31, 1965. Since the defendants did not pay arrears of rent within two months of the notice, it was a ground for ejectment. Another ground for ejectment was that the plaintiff needed the suit premises for starting his own business.

( 2 ) ON June 19, 1966, a writ of summons was served on the defendants. On July 16, 1966, that is, within one month of the service of the writ of summons, the defendants deposited Rs. 720/-as arrears of rent. On July 18, 1966, they filed their written statement resisting both the groun