1. - This is a defendant-appellant's second appeal against the judgment and decree dated 30.11.1981 passed by the learned Additional Civil Judge, Kota in civil appeal No.14/81-103/81 upholding the judgment and decree dated 15-1-1981 passed by the learned Additional Munsif, No.2 (South), Kota in Civil Suit No.4/77 (62/79). The brief facts giving rise to this appeal are as under:

The plaintiff-respondent Moorti Mandir Ganeshji Dhanroopji had filed a suit for eviction of the defendant-appellant from the shop in dispute on the ground of non-payment of rent and of subletting. It was alleged in the plaint that the defendant- appellant was in arrears of rent w.e.f. 1.3.1979 and had committed default in payment of rent for a period of more than six months and also that he had sub-let the shop in dispute and had parted with its possession in favour of one Shri Prabhudas. The suit was contested by the defendant-appellant, who denied having sub-let the property in dispute to Prabhudas and also pleaded that he had tendered the rent for the relevant period to the plaintiff- respondent but the plaintiff-respondent had not accepted it. The learned trial Court determined the rent of the pr