S.K. MAL LODHA, J.—This is a revisional application filed by the defendant-tenant against the appellate order of the learned Additional Judge No. 1, Jodhpur dated January 13, 1978 by which he set aside the order of the learned Munsif City, Jodhpur dated January 29, 1977.

2. Briefly put the facts leading to this revision are these: the plaintiffs-non petitioners (landlords) instituted a suit for arrears of rent and ejectment against the defendant-petitioner in the court of Munsif City, Jodhpur on March 18, 1976. In the suit the plaintiffs claimed rent from March 1, 1975 to January 31, 1976 @ Rs. 80/- per month and damages for use and occupation from February 1, 1976 to March 18, 1976 amounting to Rs. 290 out of which they relinquished Rs. 130/-. It was specifically mentioned in para 7 of the plaint that the previous Civil Original Suit No. 119 of 1972 which was decided by the learned Additional Civil Judge,Jodhpur on March 18,1972, was for the recovery of arrears of rent at the rate of Rs. 80/- per month from November 1, 1969 to October 31, 1970 to May 18, 1971 and ejectment. It was also stated in para 7 that suit for ejectment was based on the ground of default in payment under Sect

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