( 1 ) THIS is defendant's second appeal against the judgment and decree dated 94-1975, passed by the Additional District Judge, Morena, confirming the judgment and decree dated 28-6-1974, for ejectment of appellant from the suit house.

( 2 ) FACTS giving rise to this appeal so far as they are material for its decision are as under : the plaintiff-respondent brought the present suit for ejectment under section 12 (1) (a) of the Madhya Pradesh Accommodation Control act, 1961 (for short, 'the Act'), on the allegation that the defendant-appellants are his tenants under rent-note dated 15-11-1967, Ex. P1, on a monthly rent of Rs. 20/- in the suit house, situated in uttampura in the town of Morena. It was further alleged that the defendants were in arrears of rent with effect from 15-11-1967, which they have failed to pay or tender within two months of his forwarding a notice of demand (vide Ex. P. 3) by registered acknowledgement due post No. 192 dated 5-7-1973 which has been returned by them and bears an endorsement of 'refused'. This suit was instituted on 310-1973, wherein a decree for arrears of rent, ejectment and mesne profits have been claimed.

( 3 ) THE defendan