Choudhary, J.

1. This application in revision by the plaintiffs arises in the following circumstances. On the Exihibition Road in Patna, there is a house called "Lalkothi" belonging to the petitioners. There was a negotiation for renting this house with the defendants-opposite party in the year 1951, and the terms according to the case of the petitioners, were settled by means of various letters that passed between the parties.

On the 30th of January, 1952, the parties agreed to the final term according to which, as is alleged by the plaintiffs, the defendants agreed to pay rent at the rate of Rs. 1,017/- per month Including the municipal taxes. The defendants un disputably occupied the house in March, 1952, and the plaintiffs have alleged that since then for some time they paid the rent at the above stipulated rate, but" a receipt was granted only for Rs. 467 /-.

Subsequent to September, 1952, the defendants did not like to pay the rent at the above stipulated rate, and sent, for some time, cheques for the sum of Rs. 467/- per month. The plaintiffs refused to accept the same, and, naturally, the defendants suspended payment of the rent.

2. In the year 1953, one of the peti