JUDGMENT:- This appeal has been preferred by the defendant to canvass the correctness of the decree for ejectment passed against him by the appellate Judge in reversal of the dismissal of the suit by the trial Judge. The only question for consideration in this appeal is whether receipt of rent by the respondent-landlord subsequent to his issuing a notice (Ex. A-6) of termination of tenancy would amount to waiver as known to law, and would stand in the way of the action for ejectment not preceded by another valid notice to quit.

2. The brief facts which require to be noticed for considering the case on hand are as follows: The respondent as owner of Door No. 189, Raja Street, Walajabad, leased it out to the appellant for a period of 11 months for a certain rent. There is some dispute about the quantum of rent, but we are not concerned with that in this appeal. The lease was entered into on 10-9-1964. The leased property consisted of a front portion having a flour-mill therein and another portion having an aluminium smithy therein. It would appear that about a month or two after the lease, the appellant surrendered that portion of the building which housed the smithy and reta