K.S. LODHA, J.— I have heard the learned counsel for the petitioner.

2. The contention of the learned counsel for the petitioner is that when a suit for ejectment on the basis of a second default, after the tenant has already taken the benefit u/s 13(4) of the Rajasthan Premises (Control of Rent and Eviction) Act, 1950 is filed, it is still necessary for the court to determine the provisional rent according to section 13(3) of the said Act. This contention has been negatived by both the courts below and in my opinion rightly. A bar perusal of the provisions of sections 13(1) (a), (3) (4) and (6) alongwith its proviso, which are re-produced for the sake of ready reference would clearly borne,out that in such a suit the court is not required to determine the rent under section 13(3)

"Sec. 13-Eviction of tenants-(1) Notwithstanding anything, contained in any law or contract no court shall pass any decree, or make any order, in favour of a landlord, whether in execution of a decree or otherwise, evicting the tenant so long as he is ready and willing to pay rent therefore to the full extent allowable by this Act, unless it is satisfied.

(a) that the tenant has neither paid nor tendered the

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