Honble HARBANS LAL, J.–This civil second appeal under Order 42 Rule 1 r/w Section 100 CPC is directed against the judgment and decree dated 4.4.2002 passed by the learned Addl. Distt. Judge No.3, Ajmer in Civil Regular Appeal No. 12/02 whereby the appeal has been dismissed and the judgment and decree dated 8.12.1987 passed by the learned Munsiff (East), Ajmer city in COS No. 476/75 has been confirmed.

(2). Briefly stated the relevant facts necessary for the decision of this appeal are that the plaintiff respondent filed a suit for eviction and arrears of rent against the appellant-defendant on twin grounds of default in payment of rent and subletting of suit premises without the permission and consent of the plaintiff. The appellant-defendant contested the suit by filing a written statement denying all the averments made in the plaint and further pleading that the premise let out comprised of three rooms and two `tibaras and not two room and two `tibaras as pleaded by the plaintiff. It was also pleaded that monthly rent of Rs. 85/- was inclusive of electricity and water charges. There was no default in payment of rent. The premises were sub-let with the permission and consent of the

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