1. S.C. Agrawal, J. - This is defendant's second appeal arising out of a suit filed by respondent against the appellant for eviction from a shop. The said suit was based on the ground of default in payment of rent as well as the appellant having damaged the premises. The Munsif, Sikar decreed the suit on the basis of the ground of default in payment of rent. He, how ever, did not accept the case of the plaintiff respondents that the rent for the premises was Rs. 15/- per month, but found that the rent was Rs. 5/-per month as claimed by the appellant. The Munsif did not no accept the case of the plaintiff-respondents with regard to damage to the premises. On appeal, the District Judge, Sikar affirmed the decree of the Munsif. The District Judge was of the view that the suit in question was governed by the provisions contained in Sub-sections (4)(5) and (6) of Section 13 of the Rajasthan Premises (Control of Rent & Eviction) Act (here in after referred to as 'the Act') as they stood prior to the amendments introduced by the Rajasthan Premises (Control of Rent and Eviction) (Amendment) Act, 1976 (Rajasthan Act No. 14 of 1976) and that under the unamended provisions it was inc