Prakash Tatia, J.-Heard learned Counsel for the parties. 1.

2. This appeal is by the tenant-defendant appellant against the Judgment and decree of the trial Court dated 30.05.1980 passed in Civil Suit No. 57/1975 and the appellate Judgment and decree dated 011.1984 dismissing the appeal of the defendant-tenant-appellant.

3. Brief facts of the case are that the plaintiff Nain Mal filed the suit for eviction of his tenant Vijay Raj before the trial Court on 30.04.1975. According to the plaintiff , the suit property was let out to defendant for a rent of Rs. 30 per month for which a rent-deed was executed on 27.07.1971. The plaintiff submitted that the defendant paid the rent amounting to Rs. 425/-only for the period from 01.08.1971 to 312.1972 and, therefore, Rs. 85/-is due in the defendant against the rent amount. It is submitted that from 01.01.1973, no rent was paid by the defendant to the plaintiff and, therefore by the time of filing of the suit, the tenant defendant has become defaulter in payment of rent, therefore, the plaintiff is entitled to decree for eviction of the tenant. The plaintiff , before filing of the suit, served a notice upon the defendant through his A