Modi, J.—This is a second appeal by the defendant Somraj in a suit for eviction and arrears of rent.

2. The plaintiff Jethmals case was that the defendants Somraj and another had taken the suit shop on rent from the plaintiff on Migsar Vadi 1 Smt. 2004 (corresponding to 29th November, 1947) at a rent of Rs. 45/- p.m. and that they had paid rent up to Smt. 2006, Baisakh Sudi 15 (corresponding to the 2nd May, 1940) but thereafter had failed to pay rent for a period of five months and a half up to Smt. 2007, Asoj Vadi 30 (corresponding to 11th October 1950). The plaintiff, therefore, instituted his present suit for a sum of Rs. 247/8/- as rent for the said period and for eviction on the 17th October, 1950.

3. It is unnecessary to state any facts in so far as they bear on the question of eviction as that question is no longer in dispute between the parties.

4. The defendants resisted the suit. Their main contention was that on their complaint under the Marwar House Rent Control Act (No. XXV) of 1949 (hereinafter referred to as the Marwar Act), the Rent Controller had fixed a fair rent for the suit shop at the rate of Rs. 18—p.m. by his order dated the 10th July, 1950, and that as they had

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