1. - This is a defendant's second appeal in a suit for arrears of rant and eviction which was dismissed by the Munsif (North), Kota (trial court') though decreed by the Additional Civil Judge, Kota (lower appellate court').

2. In brief. the facts giving rise to this second appeal are that, the plain- tiffs (Mangalchand & Bhuramal who died during the pendency of the appeal before the lower appellate court and is now being represented by his legal representatives brought on record) have tiled a suit for eviction of the suit premises as well as recovery of arrears of rent due against the defendant appellant The case of the plaintiff's is that the suit of mists was let out to the defendant-appellant on a monthly rent of Rs. 35/-. The eviction from the suit premises was sought on the ground of default in payment of rent, and that the tenant (defendants has created a nuisance as defines in Section 13(l) (d) of the Rajasthan Premises control of Rent & Eviction) Act 1'1 "o (for short. 'the Act'). As regards the nuisance, it was averred in the plaint that the defendant and his family members used abusive language with the plaintiffs; on 9 8.73, the appellant's son had quarrel with M