S.N.MODI, J. - (1.) THIS is a defendant -tenant's second appeal in a suit for eviction and arrears of rent against the judgment and decree passed by the Additional Civil Judge, Ajmer, dated March 13, 1973.
(2.) THE plaintiff -respondent sought eviction of the defendant tenant -appellant on three grounds; (1) that the defendant has committed default in payment of rent; (2) that the defendant has not been residing in the suit premises for more than six months preceding the suit; and (3) that the defendant acquired suitable house in Ajmer district. It appears that during the pendency of the suit, the defendant did not comply with the provisions of Section 13(4) of the Rajasthan Premises (Control of Rent and Eviction) Act, 1950 (hereinafter referred to as 'the Act'), and therefore the Court on September 6, 1971. struck out the defence of the defendant the trial court decreed the suit on the ground that the defendant bad committed default in payment of rent. In further held that the defendant did not reside in the suit premises for more than six months preceding the date of the suit. As regards the third point, the trial court came to the conclusion that the plaintiff has failed to prove that the defendant had acquired a suitable house in Ajmer district.
(3.) IN appeal, the defendant raised the following three points - (1) That the appellant did not commit default in the payment of rent. (2) the appellant has neither built nor acquired suitable residential house in Ajmer district. (3) That the notice of eviction has not been served upon him. Points Nos. 1 and 3 were decided against the defendant -appellant. Point No. 2 was not pressed by the learned Counsel for the respondent and therefore it was decided in favour of the defendant -appellant. On the above findings, the lower appellate court dismissed the appeal.;