G.M. LODHA, J.—This is a civil second appeal against the judgment and decree dated 27.5.81 passed by Shri M. A. Khan RHJS, Addl. District Judge No. 1, Alwar in civil first appeal No. 59/79.

2. The first appellate court has granted decree for eviction on the ground of default of tenant in payment of rent u/s. 13 of the Raj. Premises. Act. Both the courts have not accepted the landlords plea of personal necessity. The disputed property is of Deity and the plaintiff claims to be landlord as pujari.

3. In this second appeal against the decree for eviction, Mr. Garg has argued that in view of the application dated 4.1.1975 it was the duty of the trial court to determine the rent and interest etc. and then provide time for making payment of the determined amount. This was not done and it has vitiated the entire proceedings. Mr. Garg then argued on account of this the subsequent late significance, as the court could not have proceeded further without determination under sub-section 5.

4. Mr. Lodha appearing for the landlord argued that as there was no dispute about the rate of rent payable to the plaintiff therefore, sub-section 3 to 5 are not applicable. He further argued that section 13-A

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