Dr. Vineet Kothari, J.-This is tenants second appeal filed under Section 100, CPC having lost the battle before the two Courts below, decreeing the suit against him for eviction of shop in question situated at Naya Bazar, Ajmer wherein the said tenant is carrying on business of Gold Smith. The First Appellate Court vide its Judgment dated 29.05.2002 upheld the Judgment and decree dated 25.05.2001 of the learned trial Court.

2. The grounds of eviction were personal bona fide necessity of landlord and default in payment of rent. The trial Court directed the defendant tenant to handover the peaceful possession of the shop in question within two months to the landlord and till then to pay Rs. 85/-per month as rent of the shop.

.3. In the present second appeal, the tenant has raised the question of law claiming it to be a substantial question of law, which was not raised by him before the two Courts below namely;

.(i) Whether the landlord purchasing the suit premises during the tenancy which are used for commercial purposes is entitled to file a suit before the expiry of period of five years, in view of the restrictions contained in Section 14(3) of the Rajasthan Premises (Cont