JUDGMENT 1. - This is a defendant's second appeal in a suit for arrears of rent and ejectment. The suit for ejectment was based on two grounds: viz. (1) that the premises were required by the landlord-respondent for his personal bona fide necessity and (ii) that the tenant had committed defaults in payment of rent and had thereby incurred the liability to be evicted. The trial court decreed the suit on both the grounds, but the learned Senior Civil Judge No. 1, Jaipur City on appeal by the tenant set aside the finding of the trial court on the first ground and held that the plaintiff landlord had failed to prove his reasonable and bona fide necessity for occupation of the premises in question, but upheld the decree for ejectment on the second ground pertaining to default in payment of rent. The Trial Court also granted a decree for arrears of rent amounting to Rs. 127/8/- and further directed that the defendant shall pay rent at the rate of Rs. 15/- per mensem as compensation for use and occupation from the date of the suit till delivery of possession to the landlord. This part of decree of the trial court was also upheld by the first appellate court and no grievance of it has been made by the tenant in this court either. 2. During the pendency of the appeal section 13-A was introduced in the Rajasthan Premises (Control of Rent and Eviction) Act, 1950 by the Amending Act No. 12 of 1965. Consequently on 5-7-1965 the appellant made an application under sub-section (b) of section 13 (A) of the said Act, praying that the arrears of rent upto the date of the order, interest thereon at 6% per annum and the costs of the proceedings allowable to the landlord may be determined and the appellant is ready and willing to make the payment of the amount so deter mined within such period as may be fixed by the Court. Notice of this appeal was given to the opposite parties. But nobody had appeared to oppose this application. 3. The application filed by the appellate under sub-section (b) of section 13-A of the Act is within limitation and eviction has been ordered against the tenant-appellant only on the ground of non-payment of rent. Notice of this appeal was given to the opposite parties. But nobody had appeared to oppose this application. 3. The application filed by the appellate under sub-section (b) of section 13-A of the Act is within limitation and eviction has been ordered against the tenant-appellant only on the ground of non-payment of rent. Consequently the appellant is entitled to get the benefit of the provisions contained in section 13-A of the Act. 4. This appeal is, therefore, allowed, the decree of the lower appellate court so far as it relates to ejectment is set aside and the case is remanded to the trial court with the direction that it should determine the amount of rent in arrears upto the date of the order to be passed by it as provided in clause (b) and also the amount of interest thereon at the rate of 6% per annum, and the costs of the suit. In determining the costs of the suit the landlord shall be held entitled to the costs in all the three courts. Having determined the aforesaid amount, it shall direct the tenant to pay the amount so determined within such time as it may deem proper, but not exceeding 90 days. In case the amount is paid within the time fixed as aforesaid, the court shall dispose of the suit as if the tenant had not committed any default. 5. In case the amount is not so paid, the court shall decree the suit for ejectment. The payment that may have already been made by the tenant shall be deducted from the amount determined by the Court under sub-section (b) of section 13-A. If any amount is lying in deposit in any of the courts, that amount, shall also be deducted and be ordered to be paid to the landlord. The trial court is directed to fix an early date of bearing after the receipt of the record.Appeal accepted. *******