( 1 ) IN this appeal under Section 12 (2), Oudh Courts Acts, a nice point of law is raised. The plaintiff is the landlord and the defendant is the tenant. The plaintiff was demanding rent at the rate of Rs. 27 per month. The defendant honestly believed that the amount payable by him was rs. 22-8-0 per month. In spite of several demands made by the plaintiff for payment at the rate of Rs. 27 per month the defendant stoutly refused to pay at that rate and insisted on paying the amount at Rs. 22-8-0 per month only. The plaintiff refused to accept rent at Rs. 22-8-0 per month with the result that the defendant started sending money orders to the plaintiff which he refused. The question was whether in the circumstances it could be said that the tenant had wilfully failed to make payment to the landlord of any arrears of rent within one month of the service upon him of a notice of demand by the landlord. It is not denied that notices of demand were sent to the defendant. It is also not denied that the defendant refused to pay in accordance with the demand. It is also now found as a fact that the landlords claim was proper and the rent was payable at Rs. 27 per month.

( 2 ) LEA