The High Court has dismissed the second appeal preferred by the tenant and upheld the decree of eviction passed by the appellate companyrt.
For the sake of companyvenience we will refer to the appellants as tenant and the respondent as landlord.
Case No.89/85.
The legal representatives of the tenant, who has died during litigation, have filed this appeal by Special Leave.
The present suit was filed on the ground of second default.
The relevant facts, to the extent number in companytroversy, may briefly be stated.
On 4.5.1985, the tenant had deposited in Court 6 months rent vide challan No.36 in Civil Misc.
Case No.27/85 and subsequently, on 30.10.1985, another 12 months rent vide tender No.2230 in Civil Misc.
Once again the tenant fell into arrears of rent for the period from 1.3.1985 to 30.6.1986.
The landlord owns a house in which there are four shops on the ground floor, one of which is in occupation of the tenant on a monthly rent of Rs.55/ .
In an appeal preferred by the respondent, the first appellate Court reversed the decision of trial companyrt and decreed the suit.
C. Lahoti, J. A suit for ejectment of the tenant from a shop on the ground available under clause a of sub Section 1 of Section 13 of Rajasthan Premises Control of Rent and Eviction Act, 1950 hereinafter the Act, for short , filed by the respondent, was dismissed by the trial Court.
