1. - This writ petition is directed against order dated 24.3.2008 passed by the Additional District Judge (F.T.) No. 2, jodhpur in Civil Original Case No. 166/2004, whereby the application preferred by the petitioner/ defendant under Section 151 of Civil Procedure Code, 1908 ('Civil Procedure Code') for declaring order dated 23.8.2005 determining the rent provisionally in terms of provisions of Section 13(3) of The Rajasthan Premises (Control of Rent and Eviction) Act, 1950 (in short "the Act") as null and void and so also for cancellation of consequential order dated 26.9.2006 striking out the defence of the petitioner/defendant against eviction in terms of provisions of Section 13(5) of Act, stands rejected.

2. The brief facts relevant to the controversy involved are that the respondent/plaintiff filed a suit against the petitioner/defendant in the year 1987, for eviction from the suit premises, on the ground of default in payment of rent in terms of provisions of Section 13(1)(a) of the Act. The respondent/plaintiff claimed that the petitioner/defendant has defaulted in payment of rent from 10.5.1985. The rent payable was determined provisionally by the Court in terms of