Honble CHAUHAN, J.–The instant writ petition has been filed challenging the impugned judgment and order dated 30.11.93 passed by the learned District Judge/Appellate Authority under the Rajasthan Premises (Eviction of Unauthorised Occupants) Act, 1964 (hereinafter referred as ``the Act), by which it has set-aside the order dated 9.9.1983 passed by the Estate Officer against the respondents in Case No. 138/1981.

(2). The facts and circumstances giving rise to this case are that respondent No. 1 Jamsher Ali was given shops Nos. 39,40 and 41, and Maliyas Nos. 62 and 63, total five units, on a monthly rent of Rs. 53/- by the State Devasthan Department Vide rent note dated 1.6.1968 (Annexure 5). The said rent note provided for a clause putting embargo no sub-letting the said premises or any part thereof by the said lessee and in violation of the said term, respondent No. 1 inducted respondents No.2 and 3 in a part of the said premise; and in violation of the terms of the rent note, the respondent No.1 had,also, made material alterations in the rented premises. The petitioner served a notice dated 3.7.80 (Annexure 11) determining the te- nancy in favour of the respondent No. 1 for violati

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