Dinesh Maheshwari, J. - (1.) THIS civil second appeal under Section 100 of the Code of Civil Procedure against the judgment and decree dated 29.04.1993 as passed by the Civil Judge, Bikaner in Civil Appeal No. 22/1991 arising out of the suit (CO No. 32/1986) for eviction and recovery of arrears of rent was admitted for consideration on 15.07.1993 on the following substantial questions of law: 1. Whether failure to deposit rent under Section 19A on refusal of Money Order by the land -lord makes the tenant a defaulter as to furnish a ground for eviction under Section 13(1)(a)?
(2.) WHETHER the provisions of deposit monthly rent during the pendency of suit based on default by 15th of each succeeding month is mandatory or directory? Whether the finding of the lower appellate court holding the appellant defaulter on the basis of decision in Bajarangalal's case, 1988 (1) RLR 360 is legally sustainable after decision of this Court in Smt. Manak Bai and Ors. v. Kalyan Bux, 1989 (2) RLR 704?
(3.) WHETHER the finding of the lower appellate court about the comparative hardship in favour of the plaintiff is vitiated, in view of the finding of the trial court, that the plaintiff had alternative space to construct the required Bathroom, the necessity pleaded by the plaintiff, which has not been reversed by the lower appellate court?;