( 1 ) THIS is a plaintiffs appeal against the judgment and decree dated 27-4-1971 passed by the 1st addl. Civil Judge, Meerut.

( 2 ) BRIEFLY stated the facts are that the plaintiff is the owner of the disputed shop and the defendant-respondent was its tenant on a rent of Rs. 5 per month. This accommodation was governed by the provisions of U. P. Act No. 3 of 1947. The plaintiff-appellant filed that suit for the recovery of Rs. 172 as arrears of rent from 1-8-1966 to 16-61969 and for pen-dente lite and future damages amounting to Rs. 6. 33 up to 30-7-1969. He had also prayed for ejectment of the defendant from the disputed shop.

( 3 ) THE simple allegations were that the defendant was in arrears of rent from 1-8-1966 to 30-4-1969 and he did not pay it in spite of service of notice of demand and ejectment on 17-5-1969

( 4 ) THE defendant contested the suit, inter alia; on the grounds that; he had been regularly paying the rent and on the plaintiffs refusal he had sent it by Money Order and also deposited the same under Section 7-C of the said Act. He further pleaded that he had not refused to take any notice and that the notice to quit, if any, was waived as the plain