( 1 ) THIS second appeal was referred to a Division Bench by a learned single Judge and is thus before us.

( 2 ) THE principal question which falls to be considered in the appeal is whether acceptance of rent due after the expiry of a notice to quit constitutes a waiver of the said notice by the landlord.

( 3 ) THE appellant was a tenant under the respondent in respect of a portion of premises No. 4, Townshend Road, Calcutta. By a notice to quit, dated 4-3-1948, the respondent landlord purported to terminate the appellant's tenancy on 31st March. This was followed by a suit for ejectment instituted on 3-4-1948. Thereafter, for several months the appellant deposited current rent with the Rent Controller, but between January, 1949, and October, 1950, while the suit was still pending, he remitted to the respondent by postal money orders divers-sums by way of rent for the period commencing January 1949. The suit for possession, which was governed by the provisions of Calcutta Rent Ordinance, 1946, was decreed on 11-12-1951.

( 4 ) AS the appellant's written statement was filed long before the said acceptance of rent by the respondent, no specific case of waiver was pleade