Honble YADAV, J.–The tenant-defendant-appellant has filed the present second appeal against the judgment and decree dated 28.1.1986 passed by learned Additional Civil Judge No.4, Jodhpur whereby he affirmed the judgment and decree of eviction dated 8.9.1982 passed by Additional Munsiff Magistrate No.2, Jodhpur. The learned trial court has decreed the suit for eviction on the ground that the ten-ant has parted with the possession of the premises in dispute to his mother and his brothers wife within the meaning of clause (e) of sub-sec. (1) of Section 13 of the Rajasthan Premises (Control of Rent and Eviction) Act, 1950 (hereinafter referred to as Act No. 17 of 1950).

(2). For effective disposal of the present appeal I consider it expedient to refer certain factual aspects of the matter in brief which are borne out from perusal of the record.

(3). The land lord-plaintiff-respondent Shri Jaidev instituted the suit against the tenant defendant-appellant on 6.9.1976 alleging that he is the owner of plot No. 569 situated at 11th `C Road, Sardarpura, Jodhpur which he gave on rent to tenant defendant-appellant Shri Hardev for carrying on business of coal and wool Tal at the monthly rent of R

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