H.R. Krishnan, J.

This is a reference by a Single Bench (S.B. Sen J.) on two problems arising in this appeal which is one by the tenant-defendant in house accommodation against the landlord respondent. While the complete picture of the appeal is in the record before the Single Bench, the two questions which are the subject-matter of the reference have arisen in the following circumstances. One of the grounds of defence set up by the defendant is that the quit notice which was the basis of the suit had been waived by the landlord who issued a second notice to the same effect after the disposal of the suit and before the filing of the appeal. Accordingly the defendant-tenant contended that this suit would fail in any case, though it would be open for the plaintiff if he chooses to bring a fresh suit. The second question is the finding by the first appellate Court that the defendant-tenant had not really qualified for the benefit given to him by section 13(1) of the Accommodation Control Act as he had not tendered the entirety of the amount "calculated at the rate of rent at which it was paid for the period for which he had defaulted including the period subsequent thereto upto