1. - This is a defendants-appellant (hereinafter `the defendant) appeal under Section 100 CPC aggrieved of the judgment and decree dated 10-8-1993 passed by the Additional District Judge No.5, Jaipur City, Jaipur as the lower appellate court inter alia directing the eviction of the defendant while setting aside the judgment and decree dated 1-2-1984 passed by Additional Munsif Magistrate No.5, Jaipur City Jaipur (the `trial court') dismissing respondents-plaintiffs (hereinafter `the plaintiffs') suit for eviction and arrears of rent.

2. The facts of the case are that the plaintiffs filed a suit for eviction against the defendant on or about 1-5-1975 on grounds of default in payment of rent, bonafide and personal necessity and arrears of rent in respect of suit property described in the plaint. It was alleged that the suit land first belonged to one Sarjoo Behari Lal and was rented out to one Naseer Khan at the rate of Rs. 1/- per month. Naseer Khan had constructed a kham room on the suit property. The defendants were stated to have purchased the debris (malba) of the kham room from Naseer Khan and simultaneously rented the suit property from Sarjoo Behari Lal by way of rent