A.H.KHAN, J. - (1.)IN Petitions No. 24 /56 and No. 25 /56 Civil Miscellaneous, which are under Article 227 of the Constitution, the point which arises is common and therefore this order will govern both the petitions.
(2.)THE short facts of both the cases are that in proceedings under section 319, Quanoon Mal, Gwalior, (of Samvat 1983) for eviction of non -occupancy tenants, all the Revenut Courts, including the Board of Revenue, dismissed the proceedings on the grounds that subsequent to the notice to quit, the Petitioner accepted rent and thus notice to quit was dispensed with.
The point for consideration is whether acceptance of rent after instituting proceedings for eviction in Revenue cases, waives the notice.

(3.)FROM the record of both the cases, it appears that the plea of the waiver of notice was never raised by the non -applicants (tenants) at any stage. The Revenue Courts suo motu dismissed the proceedings on the grounds of waiver of notice, embodied in Section 113 of the Transfer of Property Act.