JUDGMENT

K.B. Asthana, J. - The only point for determination in this second appeal is whether the defendant failed to pay the amount of arrears demanded in the notice served upon him by the plaintiff. The plaintiff respondent is the owner of the premises in suit in mohalla Lonamandi of Agra City. The defendant appellant is his tenant in that premises. The plaintiff also resides in another premises in the same mohalla. In the month of October, 1958 the plain-tiffs served upon the defendant a notice of demand for arrears of rent. The defendant by a money order sent the requisite amount of to the defendant within the time of the expiry of the notice period. This money order was ultimately refused by the plaintiff on 2-12-1958 presumably for the reason that on 2-12-1958 the money order was tendered for payment to the plaintiff after the expiry of the period of notice. The plaintiff had also served upon the defendant a notice under Section 106 of the Transfer of Property Act terminating the tenancy and asking him to quit. The defendant, it is alleged, neither paid the arrears of rent nor vacated the premises, hence the suit.

2. Apart from the allegation that the defendant had defaulted i