Honble JAIN, J. — This miscellaneous appeal has been filed against the order of the learned Additional District Judge No. 1, Udaipur dated October 25,1993 by which he has allowed the appeal and set aside the judgment of the learned Additional Civil Judge No.3, Udaipur dated November 9, 1989, decreeing the suit for arrears of rent @ Rs.165/- per month with effect from October 15,1975 with interest @ 6% p.a. and directing the adjustment of the amounts deposited in the court and the amount of Rs. 16,439.05 spent in construction by the defendant-appellants.

(2). The facts of the case giving rise to this appeal may be summarised thus. On October 4, 1977, the plaintiff-respondent filed a suit for the recovery of arrears of rent and ejectment against the defendant in respect of the suit shop situated in the town of Salumbar (Udaipur) with the averments, in short, that the suit shop is in possession and tenancy of the defendants on monthly rent of Rs 265/-, they have not paid rent from October 15, 1975, their tenancy has been terminated by means of a registered notice of ejectment and the Rajasthan Premises (Control of Rent and Eviction) Act,1950 (hereinafter called the Act) is not applicab

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