Honble GOYAL, J.–This is the second appeal by the defendant- tenant against the judgment and decree dated 17.7.2001 whereby learned Additional District Judge No. 3, Jaipur City, Jaipur affirmed the judgment and decree of eviction dated 20.3.1999 passed by learned Additional Civil Judge (Junior Division) No. 4, Jaipur City, Jaipur.

(2). The plaintiff Sh. Jamnadas filed a civil suit for arrears of rent and eviction on 16.9.1976 against the defendant-tenant Sh. Kesar Lal with the averments that two shops and one `Kotha were let-out to the defendant on 9.2.1951 on monthly rent of Rs. 35/-. On account of default in payment of rent and reasonable and bonafide requirement for the plaintiffs son Rajendra Kumar, the plaintiff had filed a civil suit No. 19/1969 for arrears of rent and eviction. The defendant in that civil suit filed an application under Section 13-A of the Rajasthan Premises (Control of Rent & Eviction) Act, 1950 (in short the Act). That application was decided on 31.10.1975. The defendant having complied with that order got the benefit of the first default. The defendant, thereafter did not pay the rent for November, 1975 to August, 1976 and thus committed second default. Th

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