Horwill J.-The appellant has been the tenant of the respondent for the past ten years’. As he did not pay rent for August and September, 1946, the respondent, on 1st February, 1947, filed an application under the Rent Control Act for eviction. Very shortly afterwards, on 6th March, 1947, the appellant filed an application before the Rent Controller under the same Act for fixing a fair rent An order of eviction was obtained by the respondent on 15th September, 1947. but no action could be taken by him in execution of that order, because the appellant immediately filed an appeal and obtained on 3rd October, 1947, a stav order On 1st November, 1947,on the appellant’s application, a fair rent was fixed at Rs. 41-4-0 from 1st October, 1946, as against the contractual rent of Rs.30, the order being passed “without prejudice to the order of eviction and the order that might be passed in the appeal”. In pursuance of the order of the Rent Controller fixing the fair rent at Rs. 41-4-0, the appellant, on 5th November, 1947 sent cheques for Rs. 536-4-0 and Rs. 60 to the respondent. On 21st November, 1947 the respondent accepted these cheques for the amounts due to him under the Rent Co