Hon'ble SHARMA, J.—This petition has been filed challenging the order dated 9-11-2009 passed by Civil Judge, Neem ka Thana, Sikar (hereinafter `the trial court') dismissing two different applications filed by the petitioner defendant-tenant (hereinafter `the defendant'), one under Section 65 of the Evidence Act, and the other under Section 151 CPC for taking additional documents on record in a suit for eviction filed by the respondent-plaintiff-landlord (hereinafter `the plaintiff') Mali Ram Modi (now deceased and represented by his legal representatives).

2. The plaintiff filed a suit for eviction in respect of a shop stated to be let out by him to defendant, which shop was/ is situate near the bus-stand, at Neem ka Thana, Sikar. The eviction was sought on the ground of default in payment of rent by the defendant for the period July, 1994 to May, 1995 covered under Section 13 (1)(d) of the Rajasthan Premises (control of Rent and Eviction) Act, 1950 (hereinafter `1950 Act') and on the ground of material alteration in tenanted premises without the consent of the landlord under Section 13(1)(c) of the 1950 Act.

3. Routine as it is, the suit was defended on all counts by the defendant a

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