1. - This is a tenant's first appeal in a suit for eviction which has been decreed by the trial court. The tenant appellants and the landlord respondent shall be referred hereinafter as the tenant and the landlord respectively.

2. The landlord instituted a suit for ejectment against the tenant in respect of tenanted shop situated at Chokdi Ghat Darwaja Jaipur, on the ground of default in making payment of rent and also claimed arrears of rent alongwith damages. It was averred that the tenant was already declared first defaulter in an earlier suit which was disposed of on September 7, 1974 by the Munsif East Jaipur after giving the benefit to the tenant under section 13(4) of the Rajasthan Premises (Control of Rent and Eviction) Act, 1950 (for short the Act)....... thereafter did not pay the rent from October 1, 1974 to December 31, 1976 and committed second default in payment of rent. It was also pleaded that the tenant had damaged the shop in question. Relief for passing the decree for ejectment, damages and arrears of rent was sought. The tenant in the written statement denied the allegations and pleaded that neither they committed first default nor second. They. did not