1. This appeal is by the defendant-tenant against the decree, dated 13-7-1961, passed by Shri S.V.H. Pagare, District Judge, Ujjain, in Civil Regular Appeal No, 26 of 1961, affirming the decree, dated 18-4-1961, passed by Shri R.L. Sangani, Second Civil Judge Class II, Ujjain in Civil Suit No. 288 of 1960.

2. The main question involved in the present appeal is as to an amendment sought by the defendant being refused by the first appellate Judge as to the property being evacuee property, which would attract the provisions of the Displaced Persons (Compensation and Rehabilitation) Act (XLIV of 1954) (hereinafter called the Act). The appellant has no other defence on merits, except based on the amendment which, according to the learned counsel, goes to the root of the case.

3. The respondent filed a suit for eviction of the appellant on the ground of default in paying arrears of rent, despite a notice of demand and ejectment, dated, 26-7-1960 (Ex. P-1). According to the landlord, the rent for the months of March, April, May and June, 1960 at the rate of Rs. 12 per month was due. The suit was filed on 6-9-1960, wherein he claimed rent for six months, as also further amount toward