G.M. LODHA, J.—This is defendants appeal against the judgment of Additional District Judge, Tonk upholding the judgment of Munsif and Judici-al Magistrate, Tonk granting a decree in favour of the plantiff in a suit for evic-tion and arrears of rent.

2. The facts so far as the relationship of landlord and tenant and the shop having undergone some alterations, which is the main bedrock of finding of eviction under Section 13 of the Rajasthan Premises (Control of Rent and Eviction) Act, 1950 (hereinafter referred to as the Act) is not in dispute.

3. The plaintiffs case was that the defendant without his permission has made certain constructions. These allegations contained in the plaint are under:-

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4. The defendant in his written statement did not dispute the raising of the walls, but pleaded permission. The relevant additional plea No. 1 of the written statement reads as under :-

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5. The finding of both the lower Courts is that it is proved that the defendant has constructed two walls for closing the verandah on the two extreme sides and these walls have been constructed without the permission of the plaintiff

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