ORDER :

Leave granted.

2. This appeal is directed against the judgment and order of the High Court of Chhattisgarh, Bilaspur in Second Appeal No. 167 of 1995, dated 14.12.2011 upholding the dismissal of the appellants' suit for eviction of the respondents.

3. The appellants are the landlords of a shop where Goverdhan Bhai, the predecessor of the respondents was doing business. This tenancy was created in the year 1968 and was continued. The appellants filed a suit for eviction of the tenant on the ground of default in payment of rent according to the agreement for the period prior to the suit. At this stage, we are not concerned with the other grounds on which the suit was filed.

4. During the pendency of the suit the payment of rent is governed by Section 13(1) of the M.P. Accommodation Control Act, 1961 (for short, "the Act") which was in force in the town of Raipur. This Act was subsequently replaced by the Chhattisgarh Accommodation Control Act, 1961, in the year 2000. The two acts are in pari materia.

5. Before the Trial Court and the First Appellate Court, it was mainly argued by the appellants that the rent due to be paid by the tenant was Rs. 250/- per month. This not having bee