ARUN MADAN, J.

( 1 ) THIS civil second appeal under Section 100, C. P. C. , 1908 has been preferred to this court against the judgment and decree, dated 7th March, 1995 passed by Addl. District Judge No. 7, Jaipur City, Jaipur whereby the first appellate court partly allowed the appeal on the ground of default preferred by the defendant-appellant while maintaining the decree for eviction of the appellant from the suit premises on the grounds of nuisance and sub-letting.

( 2 ) THE facts giving rise to the filing of this appeal briefly stated are that a civil suit for eviction of the defendant-appellant (hereinafter referred to as the appellant) from the suit shop situated in old sabji mandi behind Johari Bazar, Jaipur, was filed by the plaintiff-respondent (hereinafter referred to as therespondent): It was alleged in the suit that the suit shop was rented out to the appellant at the rate of Rs. 45/- per month and that it was an old tenancy. The plaintiff filed the said suit for eviction of the appellant on three grounds under Section 13 (1) (a), (d) and (e) of the Rajasthan Premises (Control of Rent and Eviction) Act, 1950 (for short as "the Act"), i. e. , that the tenant h