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

2. The appellant is aggrieved against the Judgment and decree of the two Courts below. The trial Court decreed the suit of the plaintiffs respondent against the defendant tenant on the ground of change of user, which is the ground for eviction under the provisions of Clause (d) of Sub-section (1) of Section 13 of the Rajasthan Premises (Control of Rent and Eviction) Act, 1950. The appellate Court dismissed the appeal of the appellant vide Judgment and decree dated 03.09.2004.

3. Brief facts of the case are that plaintiffs filed the suit for eviction against the defendant alleging that suit property was let out to the defendant in the year 1973 and a rent deed was also executed by the defendant in favour of the plaintiffs on 19.01.1973. Rent deed provides the premises has been let out for residential purpose. According to plaintiffs, the defendant committed default in payment of rent and also started business of the electricity shop in the said room without the permission of the plaintiffs, therefore, defendant converted the residential premises into commercial premises, therefore, the decree may be granted against th