Honble BALI A, J. — This is defendant-tenants second appeal against the judgment and decree dated 8.2.1994 passed by Additional District Judge, Nimbahera affirming the judgment and decree passed by Munsif and Judicial Magistrate, Nimbahera dated 3.4.1987, decreeing the plaintiffs suit for eviction on the ground of default in payment of rent for a period of more than six months on the date of filing of the suit.

(2). Facts necessary to be* noticed are that the appellants are tenant in the suit premises situated at Nimbahera since 1.3.1980 @ Rs. 75/- per month. On the date of filing of suit in 1982 the defendant had already defaulted in payment of rent of 19 months. In addition to Rs. 75/- as rent, Rs. 5/- per month as water charges where also to be paid. On 11.7.1983, the trial Court determined the amount of rent payable under Section 13(3) of the Rajasthan Premises (Control of Rent and Eviction) Act, 1950. The defendant failed to deposit the amount so determined within the time allowed under Section 13(4) and delayed the payment. The plaintiff moved an application for striking out defence. The defendant moved an application for extension of time and condoning delay in making payment

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