JUDGMENT-The facts in this revision application are no more in dispute and raise a short question of law.

2. The defendant was a tenant of the plaintiff in the premises in suit. On 28th October 1974 the plaintiff served a notice to quit upon the defendant calling upon him to quit and hand over possession on 30th November 1974. The rent agreed in respect of the premises was Rs. 50 per month. On 1st November 1974 the defendant paid rent for the month of November 1974 which was received by the plaintiff. On 2nd December 1974 it is alleged a payment of Rs.50 was received by the plaintiff from the defendant. Later a cheque was also received from the defendant for a sum of Rs. 150 on 25th March 1975. In the meantime, that is, before the receipt of the cheque for Rs. 150 a suit had been filed by the plaintiff against the defendant on 17th February 1975.

3. The plaintiff filed this suit for possession against the defendant and the defendant by his written-statement Ex. 17 raised several other pleas, including that the notice to quit was bad. With regard to the position arising from these facts the defendant stated that he paid on 2-12-1974 rent of Rs. 50 to the plaintiff in cash and on 25-

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