( 1 ) LEAVE granted.

( 2 ) THIS appeal by the tenant arises out of a suit for eviction filed by the respondents under the provision of the Rajasthan Premises (Control of Rent and Eviction) Act, 1950 (hereinafter referred to as the Act ). . It relates to a shop situated at Udaipur in Rajasthan. Under Section 13 (l) (a) of the Act, the tenant can be evicted from the premises if he has neither paid nor tendered the amount of rent due from him for six months, Sub-section (6) of Section 13 affords protection to the tenant from eviction if the tenant deposits in Court or pays to the landlord the amount determined by the Court in terms of sub-sections (3) and (4) of Section 13 of the Act. This protection is however, not available if the tenant after having obtained such benefit in respect of the premises again makes fault in the payment of rent of the said premises for six months. The respondent landlords had filed a suit (Suit No. 117 of 1981) against the appellant for his eviction on the ground of default in the payment of rent and protection under Section 13 (6) of the Act was given to the appellant in those proceedings. On 20/12/1982 the respondents filed a second suit (Suit No. 169 o