Sharma, J.—A very interesting point of law arises in this appeal. The plaintiff-appeallants father Ghisi Lal purchased half a share in a shop situated in Tripolia Bazar, Jaipur along with some other property from Mst. Chameli as per sale deed dated the 12th April. 1947. Mst. Ohamelis share in the shop was occupied by the defendant Chotteylal as a tenant under Mst. Chameli at a monthly rental of Rs. 13/-. The plaintiff-appellant gave a notice to the defendant which was served on him on the 8th May, 1947. The plaintiff brought a suit out of which this appeal has arisen for arrears of rent of 31 months from the 12th April, 1947, the date of purchase, to the date of the suit. He was met by a plea of the defendant that a sum of Rs. 495/11/- had been paid by the defendant to Mst. Chamelis mukhtar-i-am Radha Krishna on the 6th April, 1947 which included advance rent of Rs. 208/- for 16 months from Phagun Sudi 15, Smt. 2003 to Jeth Sudi 15, Smt. 2005, corresponding to the 21st of June, 1948.

2. The first court found that this advance rent could not be deducted from the dues of the plaintiff. On appeal, the learned Senior Civil Judge, Jaipur City, held that this amount of Rs. 208/- having be

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