M.C. JAIN, J.—These second appeals have filed by the defendants against the judgments and decrees of the learned District Judge, Bikaner dated 26.9.86 and 7.2.87 respectively by which he dismissed them and confirmed the judgments of the Additional Munsif No. 1, Bikaner, decreeing the suits for ejectment on the ground of default in payment of rent. The questions involved in both the appeals are similar and as such they are being disposed of by this common judgment.

2. The facts of the case giving rise to Appeal No. 151 of 1986 may be summarised thus. The plaintiff-respondent filed a suit for the recovery of rent and mesne profits with the allegations, in short, that the defendant is a habitual defaulter in payment of rent, in previous suit No. 50 of 1975, he was given benefits under Sec. 13(4), Rajasthan Premises (Control of Rent and Eviction) Act 1950 (hereinafter to be called as the Act), accordingly, it was dismissed and he has again defaulted in payment of rent for more than 6 months, i.e., from 1st September, 1978. The defendant admitted in his written statement that he is in occupation and possession of the suit premises on payment of monthly rent of Rs. 30/-, and in the previo

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