( 1 ) THE appellant instituted a suit against the respondent for his ejectment from a house situated in Ujjain and for recovery of arrears of rent. The learned civil judge, First Class, Ujjain, who tried the suit, dismissed the plaintiff's claim for ejectment. The claim for arrears of rent was, however partially decreed. The decision of the trial court was upheld by the District Judge of Ujjain, The plaintiff has, therefore, filed this second appeal.

( 2 ) ONE of the grounds on which the plaintiff sought to evict the defendant Abdul Rehman was that the defendant fell in arrears of rent and did not pay them despite repeated notices asking him to pay the arrears of rent within one month of the receipt of the notices. In reply, the defendant pleaded that he Lever made a default in the payment of rent and that the last notice to quit which the plaintiff gave on 13th February 1952 was waived by the plaintiff by accepting rent for a period after the expiry of the notice. Both the courts below have found that the plaintiff first gave a notice to quit on 3rd September 1951 stating that the defendant was in arrears of rent to the extent of Rs. 250/-; that the second notice w