judgment

P.P. Naolekar, J. —

1.The brief facts material for the decision of this case are that Gopal Das (respondent herein) was inducted as a tenant in the suit premises on the monthly rent of Rs.350/- w.e.f. 14.12.1973. As the respondent was not paying the rent of the suit premises regularly and was defaulter, a notice demanding arrears of rent was issued by the landlord on 28.6.1975. Despite the service of notice, the respondent did not pay the rent within two months from the service of notice and, therefore, the landlord filed a civil suit being Suit No. 75A/1979 for eviction of the respondent from the suit premises on the ground of Section 12(1)(a) of the Madhya Pradesh Accommodation Control Act, 1961 (hereinafter referred to as “the Act”) (i.e. default in payment of rent) and on the ground of Section 12(1)(b) (i.e. sub-letting) and later on, by amendment, on the ground of Section 12(1)(f) (i.e. bonafide necessity of the accommodation for non-residential purposes). On institution of the suit, the respondent deposited the rent within one month of the service of writ of summon of the court on him. The suit was decreed by the trial court on the ground of bonafide requirement under