Honble TATIA, J.–This appeal is by the landlord against the dismissal of his suit by the trial court in Civil Original Suit No.91/86 dated 14.12.1992 and which was upheld by the first appellate court in Civil Appeal Decree No.95/94.

(2). Brief facts of the case are that the plaintiffs-landlords filed the suit for eviction of their tenant deceased Ram Dayal on 19.3.1974. The plaintiffs sought eviction of the tenant on the ground of their personal bona fide need. During pendency of the suit, the plaintiffs submitted an application under Order 6 Rule 17 C.P.C. in the trial court on 14.1.1986 and submitted that before few years, the defendant has materially altered the suit premises and that fact came to the knowledge of the plaintiffs only on 29.12.1985, therefore, the plaintiffs want to incorporate another ground for eviction of the tenant and that is material alteration in the suit premises. The amendment was allowed by the trial court and the amended plaint was filed. The suit for eviction of the plaintiffs against the defendant, therefore, was on the ground of personal bona fide necessity of the plaintiffs and on the ground of material alteration in the suit premises by the tenant.

(3). The tenant-defendant filed the written statement as well as counter claim. In the written statement, the tenant-defendant denied any material alteration and submitted that the suit premises was taken on rent in the Samvat Year 1997,i.e. about the year 1940. The suit premises was taken on rent by the defendants father on rent of Rs.15/- per month only and for that a rent deed was also executed by defendants father in favour of the plaintiffs. The defendant submitted that the plaintiffs got the rent of the suit premises increased in violation to the provisions of by the Rajasthan Premises (Control of Rent and Eviction) Act, 1950. The defendant, therefore, prayed that the standard rent of the suit premises may be fixed @ 37.50. As per the provision as was in force on the date when defendant submitted counter claim for fixation of standard rent the basic rent was as it was on 1.1.1943 and maximum rent could have been 2-1/2 times of that basis rent.

(4). The Rajasthan Premises (Control of Rent and Eviction) Act, 1950 was amended in the year 1975 and certain amendments were made on the basis of which the landlords also could have sought fixation of standard rent so as to increase the rent of the suit premises. The plaintiffs, therefore, filed a separate suit for fixation of standard rent to take benefit because of the amendment of law in the Act of 1950. Under this amended law, the basic rent is the rent of the premises which was as on 1.1.1962, therefore, could have been increased by 2- 1/2 times to said basic rent. The plaintiffs subsequently filed suit was consolidated with the present suit. The trial proceeded and the plaintiffs suit so far as eviction of the tenant on both the grounds, the personal bona fide necessity and material alteration in the suit premises, was dismissed by the trial court vide judgment and decree dated 14.12.1992. The trial court decreed the suit of the plaintiffs so far as fixation of standard rent is concerned and thereby declared the standard rent of the suit premises to be Rs.100/- per month from 1.6.1978.

(5). The plaintiffs preferred regular first appeal against the judgment and decree of the trial court dated 14.12.1992. In said regular first appeal, the defendant submitted cross-objection against the increase of rent. the first appellate court by judgment and decree dated 4.6.1994 upheld the finding of the trial court on issue of personal bona fide necessity and material alteration and thereby the plaintiffs suit remained dismissed so far as eviction of the tenant is concerned. However, the first appellate court allowed the cross-objection filed by the defendant and set aside the increase of rent made by the trial court and the first appellate court declared the standard rent of the suit premises with effect from 8.7

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