JUDGMENT

R.C. Lahoti, J.-The suit property consists of a shop. It forms part of a building owned by Sarvjanik Sampati Trust (hereinafter, the Trust , for short). On 1.1.1973 the shop was taken on rent by Balkishan, the plaintiff-respondent on a monthly rent of Rs. 30/-. On 25.12.1975 Balkishan sub-let the shop to Vasudev, the defendant-appellant, on a monthly rent of Rs. 150/-. The suit shop is governed by the provisions of the Rajasthan Premises (Control of Rent and Eviction) Act, 1950 (hereinafter the Act , for short).

2. The appellant fell into arrears of rent for the period 1.1.1981 to 31.12.1982. The respondent served a notice on the appellant and then filed a suit for recovery of arrears of rent as also for eviction on the ground available under clause (a) of sub-section (1) of Section 13 of the Act. On 30.3.1983, the Trust also filed a suit for eviction, against its own tenant-the respondent, on the ground of unlawful sub-letting of the premises by the latter. That suit is still pending. In any case, the result thereof is not known. So far as the case before us is concerned, the defendant-appellant raised a dispute putting in issue the rate of rent at which the respondent co