J.V.Gupta, J.

1. This is plaintiffs second appeal whose suit for ejectment of the defendant from the shop in dispute has been dismissed by both the Courts below.

2. The plaintiff is the owner of Shop No. 10 whereas the defendant is a tenant under her since 1970 vide lease deed dated 26th September, 1970 at the rate of Rs. 200 per month. The building in question was built in the year 1970 and was completed on 6th August, 1970 and, therefore, the provisions of the Rent Restriction Act did not apply in view of the notification dated 21st June, 1971, issued under section 3 of the East Punjab Urban Rent Restriction Act, 1949 (hereinafter referred to as the `Act). Notice was served upon the defendant to terminate the tenancy under section 106 of Transfer Property Act. Since the defendant failed to vacate the premises the present suit was filed for ejectment and for recovery of Rs. 1,000 as arrears of rent up to 30th April, 1973. The suit was contested, inter alia, on the ground that subsequent to the filing of the suit, the plaintiff issued three notices in which the plaintiff accepted the defendant as her tenant and demanded rent which was duly paid by the defendant against rece