1. This is a second appeal against the judgment and decree of the District Judge. Indore who dismissing the appeal of the defendant confirmed the decree of the trial Court. The facts briefly are that one Chandrakant giving notice to quit on 24-10-1944 Ex. P/3 and another on 31-10-1944 Ex. P/4 terminated the tenancy on the expiry of the agricultural years ending in 1945 in respect of two holdings, namely, Inam land and Pattedari land.

After this Chandrakant died. His sister Wasundarabai filed a suit for ejectment and for arrears of rent and for mesne profits. That suit was decreed by both the lower Courts. Hence the defendant has filed this second appeal.

2. The learned counsel for the appellant has raised the following contentions :

(1) As there was one composite contract of tenancy, tenancy cannot be split up. Consequently the decree for ejectment in respect of Pattedari land passed by both the lower Courts is illegal.

(2) The Court of Wards by accepting the entire amount of Rs. 251 has continued the lease. After notice of termination by Chandrakant, as entire amount of rent has been accepted by the Court of Wards, there is a waiver of notice.

(3) The plaintiff cannot obtain