Guha, J. - (1.) This appeal by the tenant defendant arises out of a suit for ejectment and recovery of mesne profits instituted lay the plaintiff-respondent. The facts are briefly as follows:
(2.) The defendant was a tenant under the plaintiff in respect of one flat on the ground floor of premises No. 11, Lower Range, Park Circus, Calcutta, the flat being known as Suite No. 3 and 3A. On August 15, 1950, the defendant sent a notice, Ex. 2, to the landlord to quit which was to expire on. 31-8-1950. The notice was in these terms: "Dear Mr. Ali, As I am vacating your premises, suite 3, No. 11 Lower Range, on the 31st instant, please accept. 15 days' notice. Thanking you, etc."
(3.) On the next day, that is, 16-8-1950, the plaintiff landlord communicated his acceptance of the notice.;