Sharma, J.—This is a defendants appeal in a suit for ejectment and arrears of rent. The ground on which the ejectment was sought was that the defendant had not paid rent for the last 19 months inspite of notice. The 4th of February 1952 was fixed in the case for the filing of the written statement and upto the said date, the defendant had deposited a sum of Rs. 137/- i. e. arrears of rent due upto date. The written statement was filed on the 4th of February,1952and thereafter there was an amandment of the Rajasthan Premises (Control of Rent, and Eviction)Act 1950 hereinafter to be referred to as the Principle Act, and for the same reason the Act which amended the Principal Act shall be hereinafter to be deferred to as the Amending Act. No notice was taken of this amendment in the first court and the said court giving its finding on the issues in the case against the defendant, decreed the suit. The defendant went in appeal and, there, he raised a point that under the Amending Act it was the duty of the first court to determine the amount of rent due from the tenant upto date dare of its order as also the amount of interest thereon at the rate of 6% P. A. and of the costs of the sui

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