KAN SINGH, J.—This is a defendants second appeal in a suit for ejectment and arrears of rent of a shop.

2. Plaintiff-respondent had leased out his shop to the defendant on a monthly rent of Rs. 13/-. The suit for ejectment was based on the ground of defaults in payment of rent as also on the allegation that the defendant-tenant had made material alterations in the suit premises. It was alleged that the defendant had fixed a door in the open verandah of the shop and had thereby closed the outer portion of the shop. The defendant was further alleged to have made the Kuchha, floor of the shop Pucka and also had plastered the walls which were Kuchha.

3. The defendant admitted the fixation of the door, but asserted that it was so done with the consent of the plaintiff.

4. The learned Munsif came to the conclusion that the defendant was not a defaulter in the payment of rent. Regarding the alterations he held that it was not correct that the alterations had been made by the defendant with the consent of the plaintiff. He then considered the question whether the alteration found to have been made by the defendant in the suit premises were within the mischief of sec. 13 (l)(c), of the Rajasth

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