( 1 ) PETITIONER herein is the original defendant and the tenant of the suit premises. The respondent herein is the original plaintiff and the landlord of the suit premises. They are referred to in this judgment as the plaintiff and the defendant.

( 2 ) THE plaintiff filed Regular Civil Suit No. 65 of 1977 in the Court of Civil judge (SD) at Deesa for obtaining possession of the suit premises consisting of a shop situated at New Deesa on the ground that the defendant was a tenant in arrears of rent for a period of more than 6 months. It was the plaintiffs case that rent of rs. 50 per month plus electricity charges of Rs. 5 per month was payable by the defendant to the plaintiff and it fell due from Ashadh Sud 1 of S. Y. 2029. A total sum of Rs. 2,450 by way of rent and Rs. 245 by way of electric charges, in all Rs. 2,695 remained due and payable by the defendant to the plaintiff resulting into the plaintiff serving a demand notice dated 23rd May 1977. The defendant did not tender the rent and, therefore, the plaintiff had to file the suit as aforesaid. The defence of the defendant was that the plaintiff was recovering rent at Rs. 60 per month from 1-8-1973 and from