( 1 ) THIS is defendants second appeal in a suit for ejectment from, and rent and damages in respect of a shop.

( 2 ) THE appellant became a tenant of the shop in the year 1962 under a Sarkhat dated 3rd March, 1962, on payment of Rs. 32/- p. m. as rent. By a notice dated 12th July, 1966 rent for the period of 18 months from 3rd January; 1965 to 2nd July, 1966 was demanded from the appellant and his tenancy was also purported to be terminated by the same notice (Ext. 1) with effect from 12th august, 1966. A reply dated 20th July, 1966 was sent by the defendant and the rent demanded was also remitted in full by money-order on 27th July, 1966. But the plaintiff refused to receive the same on 5th August, 1966, whereupon it is said to have been deposited in Court under section 7-C of the U. P. (Temporary) Control of Rent and Eviction Act, III of 1947, on the 9th august, 1966, vide Ex. A-3.

( 3 ) THE notice dated 12th July, 1966, expressly stated that if the rent demanded was not paid within "30 days" of its receipt the defendant-appellant would be liable to be evicted under section 3 (a) of the u. P. Rent Control and Eviction Act. It further stated that the plaintiff-r