JUDGMENT

S.N. Singh, J. - This is a defendant's appeal in a suit for ejectment and arrears.

2. It appears that after the termination of tenancy by notice dated 1-9-57 the plaintiff instituted the suit on 20-2-1958 and after the institution of the suit the defendant remitted certain amount which was due to the plaintiff-respondent from defendant for a period prior to the termination of the tenancy as well as for a period subsequent to the termination of the tenancy. This money order had been received after the institution of the suit. The plaintiff accepted the money order with a note that this acceptance was without prejudice to the suit already filed.

3. Both the courts below have decreed the suit for ejectment as well as arrears of rent.

4. The defendant has now come up to this Court in appeal and the only point raised in this appeal is that the acceptance of rent by the plaintiff after the institution of the suit for the period subsequent to the termination of the tenancy would amount to waiver or creation of a fresh tenancy by the plaintiff in favour of the defendant. The learned counsel for the appellant has in support of his submission cited a decision of this Court reported i