JUDGMENT

S. N. Variava, J.-This Appeal is against a Judgment dated 30th July, 1998.

2. Briefly stated the facts are as follows:

The Appellants are the wife, son and daughter of one A.K. Gaur. The said A.K. Gaur was the tenant of the Respondents 1 and 2 (hereinafter called landlords). The premises had been given on rent to the said A. K. Gaur at a monthly rent of Rs. 100/-. On 29th September, 1966 the landlords sent a notice terminating the tenancy of A. K. Gaur with effect from the 31st day of the receipt of the notice. The tenancy was terminated on the ground that the rent had not been regularly paid. By his letter in reply dated 6th October, 1966 A. K. Gaur claimed that the rent up to September, 1966 had already been paid. The said A.K. Gaur claimed that the rent was only Rs. 80/- per month as certain facilities had been withdrawn.

3. The landlords then filed Suit No. 2385 of 1966 for eviction, for recovery of rent and for damages and mesne profits. A. K. Gaur filed an application seeking permission to deposit the rent in the Court. This permission was granted by the Court. On 29th April, 1967 A. K. Gaur deposited the rent due and payable for the period from 1st October, 1966 to