JUDGMENT

This is a tenant s appeal, putting in issue the judgment and decree of the High Court, directing the tenant to be evicted from the suit accommodation-a shop.

2. The facts necessary for decision in this appeal are not in controversy. The suit shop is owned by the respondent and is held by the tenant-appellant on a monthly rent of Rs. 22/-. Earlier, there was a default in payment of rent by the tenant, for which, on the ground available under Clause (a) of sub-section (1) Section 13 of Rajasthan Premises (Control of Rent and Eviction) Act, 1950 (hereinafter the Act for short), the landlord-respondent had filed a suit for recovery of rent and for eviction. Let this suit be referred to as first suit . During the pendency of this suit, the tenant complied with sub-section (4) of Section 13 by making the deposit of rent, as contemplated therein. On 14.11.1983, the Trial Court refused to pass a decree for eviction against the tenant, holding that although the tenant had committed a default in payment of rent before the institution of suit, but, in view of his having complied with the provisions of sub-section (4) of Section 13, he was entitled to benefit of relief against evic