1. This second appeal has been filed by a tenant against whom a decree for ejectment has been passed by the lower appellate court though the trial court had dismissed the suit of the plaintiff - respondent. The accommodation, which is the subject - matter of the suit, is governed by the provisions of the U. P. (Temporary) Control of Rent and Eviction Act (to be hereafter called as the Act) which has since been repealed. The ejectment of the tenant was sought by the landlord on the ground that he had committed default within the meaning of S.3 (1) (a) of the Act. A notice dated 16-9-1964 demanding arrears of rent due till then for a period of more than three months was served by the landlord on the tenant on 17-9-1964 requiring him to pay the ar