N.M. KASLIWAL, J.—This miscellaneous appeal has been filed against an order of the District Judge, Ajmer, dated 27th September, 1977, whereby an application filed by the defendant under section 13 (5) of the Rajasthan Premises (Control of Rent & Eviction) Act, 1950 (hereinafter referred to as the Act was dismissed.

2. The plaintiff filed a suit for eviction of a shop on the ground of his reasonable and bona-fide necessity, default in the payment of rent and on account of denial of his title by the defendant. The defendant moved an application under section 13(5) of the Act, 1950, on 7th August, 1975, which was the first date of hearing of the case. In this application the defendant submitted that the arrears of rent amounting to Rs 9,200/-for the period of 1st October, 1974, to 31st May, 1975 have already been paid to the Commercial Taxes Officer Ajmer by the defendant on behalf of the plaintiff under section 11-A of the Rajasthan Sales Tax Act, as ordered by the Commercial Taxes Officer, Ajmer, It was, therefore, prayed that the learned trial Court should be pleased to determine the amount to be deposited or paid to the plaintiff by the defendant.

3. A reply was filed by the plainti

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