JUDGMENT

R.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. In an appeal preferred by the respondent, the first appellate court reversed the decision of trial Court and decreed the suit. The High Court has dismissed the second appeal preferred by the tenant and upheld the decree of eviction passed by the appellate court. The legal representatives of the tenant, who has died during litigation, have filed this appeal by Special Leave. For the sake of convenience we will refer to the appellants as `tenant and the respondent as `landlord .

2. The relevant facts, to the extent not in controversy, may briefly be stated. 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/-. Earlier a suit seeking eviction of tenant for his failure to pay or tender the amount of rent due from him was filed but the same was dismissed on account of the tenant having earned