1. This second appeal is directed against the judgment and decree passed by the learned Additional District Judge, 10th Court, Alipore in Title Appeal No. 1102 of 1974 setting aside the judgment and decree passed by the learned Munsif, 4th Court, Alipore in Title Suit No. 403 of 1972 and in effect dismissing the suit although the learned Additional District Judge has not made any express order to that effect. Such an omission ought not to have occurred in the judgment of the learned Additional District Judge.

2. Plaintiff filed the aforesaid title suit for eviction of the defendant from the suit premises and for recovery of mesne profits. It was the case of the plaintiff in brief that the defendant was the tenant under the plaintiff in respect of the suit premises at the monthly rental of Rs. 60/- according to English Calendar and that the defendant defaulted in payment of rent since May, 1972. The plaintiff required the suit premises for the purpose of building and rebuilding as the same was old and in dilapidated condition, and the plaintiff had sufficient means to undertake such work. The plaintiff accordingly sent a notice to quit dated 15-9-71 to the defendant terminating the t