VIRENDRA KUMAR MATHUR, J.

1. This Civil Second Appeal under sec.100 CPC has been filed against judgment & decree dated 22.03.1999 in Civil Appeal No. 03/1996 (Banshi Lal v. LRs of Ranamal) passed by Additional District Judge, Barmer, whereby the appeal was dismissed and the judgment & decree dated 23.12.1995 passed by Additional Civil Judge (JD) No. 1, Barmer in CO No. 22/1983 (Ranamal v. Messers Pokardas Rikhabdas) was affirmed.

2. Briefly stated, deceased Rana Mal, who is now represented by respondents, filed a suit for eviction and for arrears of rent for use & occupation against the defendant-appellant on 04.05.1977, on the grounds of arrears of rent and for ejectment. Later the suit was amended on 17.10.1977 and a new para 5 was added and grounds under sec.13(1)(f) of the Rajasthan Premises (Control of Rent & Eviction) Act 1950 (herein after ‘the Act of 1950’) were also added.

3. It was averred that the premises (shop) was given on rent on 03.11.1972 at the rate of Rs. 125/- per month and a rent deed was executed for 11 months. The shop was given on rent from Kartik Krishna triyodashi Samvat 2029 to Aswin Krishna Baras Samvat 2030. It was also averred that even after ex