1. :- The present revision application (S.B. Civil Revision Petition No. 570 of 1994) was filed by the defendant Sita Ram Agarwal impugning an order dated 20.1.1994 passed by the Civil Judge (Junior Division) (West) Jaipur City, in Civil Suit No. 824 of 1993 whereby the application of defendant petitioner under Section 5 of the Limitation Act, stood dismissed. The plaintiff non-petitioners filed a suit for rent and ejectment against the defendant petitioner with the allegation that their late father let out a portion of the suit premises to the present defendant petitioner at the rate of Rs. 80/- per month, which was later on increased to Rs. 200/- per month. On 18.6.1965 their father executed a deed of gift in favour of the present plaintiffs. Since the defendant petitioner failed to pay rent from 1.8.1986 to 31.1.1987 and committed default in payment of rent, he was liable to ejectment.

2. In the written statement the defendant petitioner stated that the rent was only Rs. 80/- per month and the rent was paid to Fakhruddin, another brother of the present plaintiffs and as such he has not committed any default in payment of rent. It was further pleaded that the other sons o