JUDGMENT :- This is an appeal by the defendant. Plaintiff's suit for the ejectment of the defendant and for recovery of mesne profits was decreed by both the courts. The only question raised in this appeal is one of waiver of notice to quit.

2. Learned counsel for the appellant urged that the plaintiff by accepting rent for a period after the determination of tenancy had impliedly waived the notice to quit. The notice to determine the tenancy was served on the 1st February. 1967. The tenancy was to stand determined from the 1st March, 1967. The defendant had sent a money order in the sum of Rs. 5.50 to the plaintiff on the 15th February, 1967 which was accepted by the defendant. It was urged that this sum represented the rent for the month of March, 1967. It may also be relevant to mention that the suit was filed on the basis of permission granted by the Commissioner and the suit was filed by the plaintiff on 10th of March, 1967.

3. The contention of the learned counsel for the respondent was that there was no waiver. No rent was accepted after the determination of the tenancy and there was no intention to waive the notice for soon after the tenancy stood determined the suit