Honble YADAV, J. — The instant revision has been filed against the order dated 63.1995 passed by learned Additional District Judge No.2, Jodhpur in C.A.O. No. 183/94 whereby the order dated 19.10.1994 passed by Additional Civil Judge (Junior Division) No.5, Jodhpur has been upheld.

(2). In the present revision in hand two short question are involved, firstly, as to whether defence against eviction of the defendant-revisionist has been rightly struck off the impugned order passed by the learned courts below and secondly as to whether in the instant case principle of waiver is applicable?

(3). Although the instant revision is listed before the Court for admission but with the consent of the learned counsel for the parties the instant revision is being finally decided on merits.

(4). The brief facts which are necessary to be noticed for disposal of the instant revision are that the non-petitioner filed a suit for arrears of rent and ejectment against the revisionist on the ground of bonafide necessity and denial of title as well as default in payment of rent.

(5). The learned trial court provisionally determined the rent on 20.11.1982. The revisionist deposited the provisionally determine

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