BERI, C.J.—Martin and Harris Private Limited is the tenant-defendant whose defence was struck off by the order of the learned Munsif, Jaipur City (West), by his order dated December 30, 1972, under sec. 13(6) of the Rajasthan Premises (Control of Rent and Eviction) Act, 1950 (hereinafter called "the Act"). Feeling aggrieved by that order the tenant moved a revision-application before this Court. Kan Singh J., who heard the matter, on examination of the decided cases came to the conclusion that there was a conflict in the reported decisions of this Court and he has, therefore referred two questions for the opinion of a larger Bench.

2. In order to appreciate the back-ground, in which these two questions arise it will be relevant to recall the broad facts of the case. The tenant took on lease a portion of the premises called "Khinduka Bhavan" situate in New Colony, Jaipur for three years, by means of a registered lease-deed dated August 1, 1963, on a monthly rent of Rs. 200/-. Another portion of the same premises was taken on lease by the same tenant on June 1, 1966 at the rate of Rs.180/- per month. The landlords case, as disclosed in the plaint,is that the rent amounting to Rs. 1,20

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