Honble MITAL, C.J.– This is tenants Revision against an order of the trial court allowing amendment of the plaint at the instance of landlord to add a fresh ground of ejectment in the suit.

(2). In the suit, as filed originally, two grounds for ejectment were pleaded, (1) default in payment of rent and (2) personal necessity in regard to the com- mercial premises in dispute for one of the brothers of the landlord to carry on commercial work in the premises. The suit was contested by the tenant on both the grounds and regarding personal necessity, it was pleaded by him that rent note was executed between the parties within five years of the filing of the suit and by virtue of Section 14(3) of the Rajasthan Premises (Control of Rent & Eviction) Act, 1950 (hereafter for short `the Act) , a suit in regard to commercial premises on the ground of personal necessity is not maintainable within five years of the execution of the rent note or the agreement of tenancy and the issue was framed and thereafter the landlord withdrew the ground of personal necessity and the case proceeded on the ground of default only.

(3). After five years lapsed from the date of creation of the tenancy, the landlo

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