Honble N.K. JAIN, J.—This is defendants second appeal directed against the judgement and decree of learned Addl Distt & Sessions Judge No. 2 Jodhpur dt 6 12 90, whereby he has reversed the judgement and decree passed by the learned Civil Judge cum Addl. Chief Judicial Magistrate No. 2, Jodhpur dt. 4.9.87 in Civil suit no. 184/83.

2. Brief facts which give rise to this appeal are that the plaintiff-respondent Achal Singh now deceased and Mahendra Singh filed a suit on 23.9.82 for eviction from the premises situated in Mohalla Seriyan outside Sojati Gate (memioned in para 1 of the plaint) against the firm the appellant no. and its four partners with the allegation that the defendant-appellant no. 1 took the shop on rent @ Rs 45/- per month and also agreed to pay house tax. It was also alleged that earlier the defendant had also not paid rent, a suit no. 35/64 was filed and the appellant had taken the benefit of first default in the payment of rent form January ,1961which was given to him by the Munsif City, Jodhpur vide its judgement dt:30.5.85 It was further alleged that again the defendants neither paid nor tendered rent form 4.5.80 till the filing of suit i.e. 2.9.82.The plaintiff

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