( 1 ) KHUMANI appellant occupied a house belonging to Saktey Lal on rent. A sum of Rs. 3/4/- was the monthly rent reserved and the period of tenancy began from the 6th of every month. It appears that rent fell into arrears and on 16-1-1947, the plff. sent a notice as required by Section 3 (a), Control of Rent and Eviction Act, calling upon the tenant to pay the rent due within one month of the service upon him of the notice of demand. The rent stated in the notice was Rs. 19/8/-, being the rent due from the period commencing on 6-7 1946. In reply to this notice the tenant sent only a sum of Rs. 16/4/- which the landlord refused to accept. Subsequently, on 20-3-1947, the landlord sent a notice which has wrongly been described in the judgment of the lower appellate Court as a notice of demand but is in fact only a notice terminating the tenancy and asking the deft, to vacate the house within 15 days. After this notice had been sent, the tenant again remitted Rs. 22/4/- for the rent but this was also not accepted by the landlord, who then brought a suit on 14-4-1947, for arrears of rent amounting to Rs. 29/4/- and for ejectment.

( 2 ) THIS suit was contested but it was decr