ORDER

A suit for eviction filed by the appellant against the respondent has been directed to be dismissed by the two courts below. The High Court has dismissed the landlord s appeal in limine. This is an appeal filed by the landlord by special leave.

2. Vide notice Exh. P-4 issued on 1.11.1990 and served on 5.11.1990, the appellant terminated the tenancy of the respondent giving the later more than 15 day s time for vacating the suit premises, whereafter the suit was filed. Non-payment of rent by the respondent and the need of the plaintiff to occupy the suit premises for herself were pleaded as grounds of eviction. The trial Court and the First Appellate Court formed an opinion that the suit premises were governed by the provisions of the Madhya Pradesh Accommodation Control Act, 1961 (hereinafter The Act , for short) and inasmuch as any ground for eviction under Section 12 of the Act was not made out as the appellant failed in proving the tenant to be a defaulter and the appellant s need for self occupation, the suit was directed to be dismissed. One of the pleas raised by the landlord from the very beginning was that because the ownership in the suit premises vested in the munici