1. - In a suit for eviction from a shop on the ground of default in payment of rent, and also other grounds, the trial court refused to determine rent due under Section 13 3) of the Rajasthan Premises (Control of Rent and Eviction) Act, 1150 (hereinafter called the Act) and gave a finding that the tenant had taken benefit under section 13-A of the Act on an earlier occasion and was not entitled to get this protection under section 13 (6) on a second occasion and as such it was not necessary to determine the rent under section 13 (3) of the Act. The lower appellate court namely, Additional District Judge, Sawai Madhopur, by against order of Shri Manak Mohata, Distt. Judge, Sawai Madhopur dated 24-7-87 passed in C.M.A. No. 140/86. order dated 24 7.107 confirmed this order and against this the defendant petitioners have come up in this revision.

2. The facts in brief are that the petitioner is a tenant of the non-petitioner in a shop in Sawai Madhopur for quite a lung time. In 1961 the plaintiff brought a suit with the allegations that the rate of the rent of the shop was Rs. 20/ - per month and eviction was claimed an the basis of default in payment of rent alongwith other g