M.B. SHARMA, J.—This Civil Second Appeal by the defendant tenant Sanwarmal involves a question of law regarding the ambit and scope of section 13 (A) of the Rajasthan Premises (Control of Rent and Eviction) Act, 1950 (hereinafter referred to as the Act).

2. The facts of the case and the events leading to the reference to the Division Bench are these.

3. Two shops, fully described in para 2 of the plaint, were let out by Murarilal plaintiff-respondent under a rent note dated March 10, 1958 to defendant-appellant Sanwarmal on a monthly rent of Rs. 19/-. The plaintiff Murarilal and the defendant Sanwarmal shall hereinafter be referred as the plaintiff and defendant respectively.

4. A suit for eviction and recovery of arrears of rent for the period commencing from July 6, 1966 to November 6, 1968 amounting to Rs. 551/- and for notice expenses was filed by the plaintiff against the defendant in the Court of Munsif, Sikar on two grounds; firstly, that the plaintiff required the suit premises under Sec. 13 (1) (h) of the Act reasonably and bonafide for his own use as well as for the use of his brothers; and, secondly, under Section 13 (1) (a) of the Act alleging that the defendant has neithe

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