1. This second appeal of the tenant arises out of a suit for rent and ejectment filed by the landlord respondent.

2. In brief, the facts are that the tenant-appellant had been given a property on rent by the landlord-respondent. According to the landlord the tenant had not paid rent w.e.f. Asauj Sudi 11, Samvat 2039 to Magh Sudi 10, Samvat 2040. Thus, he had committed default in payment of rent for more than six months and the landlord had acquired a right to seek eviction of the tenant. The suit was contested by the tenant, who in his written statement asserted that he is doing business in the name and style of 'Ram Band' in the disputed premises for the last 40 years. The initial rent was र 10/-. The rent was paid to the predecessor in title of the landlord. Subsequently, the rent was increased from time to time, and, in the last the tenant has been paying the rent of र 35/-per month. The landlord wanted the vacation of tenanted premises, but, the tenant declined to do the same. Thereafter, the landlord stopped accepting the rent, although, the tenant had offered the same to the landlord on many occasions. He also asked the landlord to give the account number, but, the la