1. This is tenant's Second Appeal against the judgment and decree dated 14-3-89 passed by the Additional District Judge No. 1 in Appeal No. 106/86(197/77) whereby he has confirmed the judgment and decree dated 28-5-77 passed by the Munsif and Judicial Magistrate, District Ajmer in Civil Suit No 355/76 (Gordhan Bai v. Supyar Bai) filed by the Respondent Gordhan Bai for eviction of the tenant Smt. Supyar Bai on the ground of default and material alteration of the premises let out by the landlord to the tenant.

2. Two important questions of law which arise for decision in this appeal are as to whether the Courts below were justified in holding that the defendant/appellant is carrying out the trade of hens without any evidence on record and therefore, their finding is liable to be set aside on the ground of perversity and as to whether the opinion of the Courts below about the material alteration of the premises on account of the construction made by tenant is legally correct.

3. Briefly stated the facts of the case are that Respondent late Smt. Gordhan Bai (landlord) had filed a suit for ejectment and arrears of rent on 22-7-75 in the Court of Munsif, Ajmer City (East) agains