LODHA, J.—This is a defendant-tenants second appeal arising out of a suit for ejectment in respect of a portion of a house situated in the city of Ajmer.

2. The suit was based on three grounds—

(i) default in payment of rent for the period 13-1-1968 to 31-12-1968;

(ii) material alterations having been made in the suit premises by the defendants without permission of the land-lord; and

(iii) sub-letting a part of the premises by the tenant without the consent of the plaintiff.

It may be stated here that the plaintiff had previously filed a suit for ejectment is respect of the suit premises against the defendant which was registered as Civil Suit No. 270 of 1964. That suit for ejectment was also based on default. After the introduction of Sec.13-A in the Rajasthan Premises (Control of Rent and Eviction) Act, 1950 (which will hereinafter be referred to as the Act) the defendant deposited the arrears of rent along with interest and costs of the suit so that the suit for ejectment was dismissed. The plaintiffs case is that after having taken benefit of Sec. 13-A of the Act in the previous suit the defendant again committed default in payment of rent for more than six months, and, therefore,

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