ASTHANA, J. : This is a defendant's appeal. The defendant is a tenant of the plaintiff respondent in the promises in dispute The plaintiff alleged that Ihe defendant has wilfully defaulted in the payment of rent and fell in arrears and that he did not pay the same despite a notice of demand served upon him, that his tenancy was terminated by notice and further that since the defendant neither complied with the notice of demand nor vacated the premises, hence the suit for his ejectment recovery of arrears of rent and mesne profits. The defence was that the defendant had not committed any wilful default in the payment of rent and Ihe notice of demand and to quit, was invalid. It appears that during the pendency of the suit the plaintiff accepted the rent sent by the defendant by money-order for a period subsequent to the notice to quit. A plea was then raised in defence that the notice to quit stood waived and the plaintiff was not entitled to a decree for ejectment of the defendant from the premises let out.

2. The trial Court found in favour of the defendant on all the issues. It held that the defendant had not committed any wilful default in the payment of rent; that the n