- (1.) This is a defendant-tenant's second appeal arising out of a suit for arrears of rent and ejectment. The ejectment was claimed on the ground that the defendant has committed defaults in payment of monthly rent and as he failed to make payment of 6 months' rent, he has rendered himself liable to eviction under Section 13(1)(a) of the Rajasthan Premises (Control of Rent and Eviction) Act, (No. XVII of 1950), (hereinafter referred to as 'the Act'). The averments relating to the defaults committed by the defendant are contained in para 4 of the plaint. The defendant resisted the suit on various grounds. After trial, the learned Munsif, Nagaur, vide his judgment dated November 6, 1979 decreed the suit for arrears of rent and ejectment and granted two months' time to the defendant to vacate the shop in suit. Aggrieved, the defendant went in appeal. The learned Civil Judge, Nagaur, by his judgment dated May 29, 1980 dismissed the appeal and confirmed the judgment and decree dated November 6, 1979 of the learned Munsif and granted two months' time to the defendant to hand-over the possession of the shop in question. Dissatisfied with the appellate judgment, the defendant has come up in appeal to this Court under Section 100 of the Code of Civil Procedure.
(2.) I have heard Mr. S.L. Mardia, learned counsel for the appellant and Mr. J.R. Tatia, learned counsel for the respondent at some length.
(3.) Both the Courts below have concurrently found that the plaintiff has committed default as envisaged by Section 13(1)(a) of the Act and has, therefore, rendered himself liable to be evicted. It is futile for the learned counsel for the appellant to contend that the tenancy was yearly and, therefore, he has not committed any default in the payment of rent. Learned counsel appearing for the plaintiff-respondent has placed for my perusal the copy of the rent-note, in which, it is clearly mentioned that the defendant has taken the shop in question on a monthly rent of Rs. 31.25 P.;