S.K. MAL LODHA, J.—This appeal by the defendant-tenant under sec. 22 of the Rajasthan Premises (Control of Rent and Eviction) Act (No. XVII of 1950) (which will hereinafter, for the sake of brevity, be referred to as the Act), is directed against the order dated January 4, 1978 of the Additional Civil Judge, Jodhpur by which he struck out his defence against eviction. This order was passed by the Additional Civil Judge in Civil First Appeal No. 11 of 1977, which was filed by the plaintiff-landlord under sec, 96 C.P.C. against the judgment and decree dated November 26, 1974 of the Munsif City, Jodhpur. Reference herein to the provisions of the Act will be to those which existed than during the pendency of the suit and at the time of filing of Civil First Appeal No. 11 of 1977.

2. The material facts, necessary for the disposal of this appeal, may briefly be noticed : The plaintiff-respondent instituted a suit for arrears of rent and ejectment in the court of Munsif City, Jodhpur on July 3, 1972. The eject-ment was sought, inter alia, on the ground that the defendant-tenant had not paid rent for the period of 16 months and 25 days upto July 2, 1972 and, therefore, he has rendered himse

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