JUDGMENT

Shah, J.-

1. The appellant a medical practitioner has been occupying as a tenant, the ground-floor of a house Block No. 732 at Lordganj, Jabalpur, for his dispensary for the last more than thirty years. On a family partition Block No. 732 was allotted to the share of the respondent Nemi Chand, S/o Ballolal and he has since August 1956 been occupying the upper-floor of the house for his residence, With the sanction of the Additional Collector. Jabalpur, granted under S, 13(i), (v) and (vi) of the C. P. and Berar Letting of Houses and Rent Control Order 1949, the respondent served a notice upon the appellant terminating the tenancy and commenced an action in the Court of 2nd. Civil Judge, Class II, Jabalpur, for a decree in ejectment against the appellant and for mesne profits from April 1, 1958 till the date of evicton. The appellant resisted the suit. During the pendency of the suit, the Madhya Bharat Accommodation Control Act, 23 of 1955, was extended to the whole of the Madhya Pradesh State, with effect from January 1, 1959 and the title of the Act was altered and it was entitled the Madhya Pradesh Accommodation Control Act. By S. 4 of that Act no suit lay in any civil Cou