M.Y. Eqbal, J.

1. This second appeal is directed against the judgment and decree passed by the Courts below whereby the suit for eviction filed by the plaintiffs- appellants on the ground of default has been dismissed.

2. At the very outset I must indicate that both the Courts below have come to concurrent finding of facts that the defendants are not defaulter. In that view of the matter the High Court, in second appeal, cannot disturb such findings of fact.

3. Notwithstanding the settled law referred to hereinabove I would like to go into the facts of the case. The plaintiffs filed the suit alleging that the defendants are the, habitual defaulters and have adopted a novel method to show remittance by money order and in collusion with the postal peon used to get endorsement of refusal on the money order coupons so the same amount may be kept in circulation. It is therefore clear that the plaintiffs themselves admit that the defendants are in the habit of remitting rent by money order. The defendants proved the money order coupons to show that rent was continuously remitted by money order. It is well settled that tender of rent is not a condition precedent for remittance. It is