1. - This is a second appeal arising out of a suit for eviction and arrears of rent.

2. It is common ground between the parties that the plaintiff had filed suit No. 99/70 against the tenant appellant and sought his eviction on the ground of default in payment of rent under Section 13(1)(a) of the Rajasthan Premises (Control of Rent & Eviction) Act, 1950 (hereinafter referred to as the Act). That suit was dismissed because the tenant took advantage of Section 13(4) of the Act by depositing all arrears of rent and interest thereon on the first date of hearing. In respect of the same premises the plaintiff-respondent has filed the present suit for eviction and arrears of rent on 9.11.1973 and again sought eviction of the defendant on the ground inter alia that the defendant had committed default in payment of rent for a period more than 6 months. The plaintiff claimed arrears of rent from 26.1.1973 to 25.9.1973 at the agreed rate of Rs. 25.75 per month. He further claimed mesne profits from 26.9.73 to 9.11.73 at the same rate. The defendant contested the suit and denied having committed any default in payment of rent. The trial Court held that the defendant had taken the adva