( 1 ) THIS second appeal arises out of a suit for the recovery of arrears of rent and ejectment of the defendant-appellant. The suit was decreed in full by the trial Court and the decree was affirmed by the lower appellate Court. The appellant challenges the decree only to the extent it relates to his ejectment.

( 2 ) THE first question raised by the appellant was about waiver of the notice under Section 106 of the Transfer of Property Act. The notice was served on the appellant on 5th April. But the landlord accepted rent from the appellant for the period 1st April, 1959, to 31st October, 1959, on 20th November, 1959. The contention, therefore, was that the notice under Section 106 of the transfer of Property Act was waived by the land-lord when he accepted rent for the aforesaid period. Ganga Dutt Murarka v. Kartik Chandra Das AIR 1961 SC 1067 is, however, complete answer to this contention. It has been held by their Lordships of the Supreme Court that where a contractual tenancy to which the rent control legislation applies has expired by afflux of time or by determination by notice to quit and the tenant continues in possession of the premises, acceptance of ren