Honble MAHESHWARI, J.–The defendant-tenant has filed this second appeal against the judgment and decree dated 11.9.1987 passed by the Addl. District Judge No. 1 Hanumangarh camp Sangria in Civil Appeal No. 16/1983 whereby the learned Judge dismissed the appeal filed by the appellant and maintained the decree for eviction dated 19.5.1983 passed by the Munsif, Sangria in Civil Suit No. 23/1980.

(2). This appeal was admitted on 1.12.1987 while formulating the following as substantial questions of law involved in this appeal:-

(1) Whether the learned Trial Court has committed error in striking out the entire defence of the defendant appellant for not depositing the rent of the subsequent month of March, 1981?

(2) Whether the findings of the learned lower courts on the reasonable and bonafide necessity are perverse?

(3) Whether the findings of the learned lower court are not in accordance with the provisions of Section 14(2), Rajasthan Premises (Control of Rent & Eviction) Act, 1950?

(4) Whether the learned lower courts erred in holding that the provisions of sub section (5) of Section 13 are mandatory in nature?

(3). The Questions No. 1 and 4 aforesaid relate to the aspect of striking out of

Click Here to Read the rest of this document