ORDER

The short question that arises for consideration in this case is as to whether the heirs of a tenant can be deprived of the benefit of proviso to sub-section (3) of Section 12 of the Madhya Pradesh Accommodation Control Act, 1961 (for short "the Act") if the heirs father from whom they inherited the tenancy rights had availed of the benefit of proviso of sub-section (3) of Section 12 of the Act. This question arises in the following factual background.

2. It is not disputed that the appellant herein is the landlord of a shop in the town Neemuch. As far back as in the year 1960, one Badri Lal, father of respondents took the aforesaid shop on rent at the rate of Rs. 50/- per month. It appears that Badri Lal committed default in payment of arrears of rent with the result that the appellant herein brought a suit for eviction on the ground of default in payment of arrears of rent. However, father of the respondents claimed benefit of proviso to sub-section (3) of Section 12 of the Act and deposited the arrears of rent. For this reason, the decree for eviction could not be passed against Badri Lal. It appears subsequently Badri Lal died and the respondents herein being the heirs of