- (1.) Heard learned counsel for the parties and perused the record.
(2.) The plaintiff/landlord/respondent filed the suit for eviction of defendant/appellant/tenant on various grounds. The trial court vide its judgment dated 16.5.1994 rejected the plaintiff's prayer for striking out of defendant's defence on the ground of non-payment of rent during the pendency of the suit.
(3.) The appellate court by separate order dated 7.11.2001 declared the appellant/tenant defaulter in payment of rent during pendency of the suit for the months April, May, June, July of 1989 and July, August and September of 1994. The appellate court also dismissed the tenant's application for condonation of delay in payment of rent. The appellate court decreed the suit of the plaintiff on the ground of denial of title, acquiring suitable accommodation by the appellant and for non-user of the suit shop. The appellate court also decreed the suit of the plaintiff on the ground of default as the appellant was not found entitled to benefit under Section 13(6) of the Rajasthan Premises (Control of Rent and Eviction) Act, 1950.;