1. This appeal has been filed by the plaintiff. This Court vide order dated 15.4.1996 while admitting the appeal had formulated the following substantial question of law :-

“A. Whether in absence of any express agreement to make a new tenancy could it be held by the Court below that a new tenancy was created by mere acceptance of rent?”

B. Whether the lower Appellate Court was right in reversing the finding recorded by the trial Court that it was not proved that acceptance of rent by withdrawing the amount deposited by the bank was in respect of arrears of rent after the tenancy was terminated?”

2. Facts giving rise to filing of the appeal briefly stated are that the plaintiff filed a suit for possession on the ground that plaintiff is the owner of double storied building, which was let out to defendant on a monthly rent of Rs. 725/-. The suit house was leased out vide registered lease deed dated 11.8.1981 for a period of five years (Ex.P/2). The lease deed did not contain any clause for renewal. By notice dated 8.7.1985 (Ex.P/1), the lease was determined w.e.f. 31.12.1985. Thereafter, on 11.1.1988, the plaintiff filed a suit for possession. The defendant filed the written s