( 1 ) THIS is an appeal by the defendant under Clause 15 of the Letters Patent against the decision of a learned Judge of this Court dated the 15th of June, 1953.

( 2 ) THE plaintiffs were admittedly tenants under the defendant in respect of premises No. 115, Lansdowne Road, Calcutta. On the 5th of July, 1947, a notice determining the tenancy was served on the plaintiffs. Thereupon the defendant who is the landlord instituted a suit for ejectment, being Title Suit No. 117 of 1947. The suit was decreed by the trial court on the 13th of December, 1950. The tenants preferred an appeal. The appeal was dismissed by the lower appellate court on the 12th of July, 1951. It appears that on the 14th of July, 1951 and on subsequent dates, namely 17th September, 1951; 5th November, 1951; 10th November, 1951; 27th December, 1951; 30th January, 1952 and 3rd March, 1952 the plaintiffs, that is, the tenants remitted by money order certain sums as rent payable by them in respect of premises No. 115, Lansdowne Road, Calcutta. In the coupon there is an endorsement to the effect "please acknowledge the receipt of rent for holding No. 115, Lansdowne Road, Calcutta" for the months in Question.