( 1 ) THIS is an appeal by the defendant against the judgment dated 31st October 1980 passed by the Additional District Judge, Hoshanga-bad, decreeing the suit for ejectment and mesne profits in respect of a cinema hall situated at Itarsi and dismissing the appellant's counter-claim.

( 2 ) THE suit was instituted by the original plaintiff Maoji on 27th January 1975. Maoji died during the pendency of the suit on 16th January 1978 and his legal representatives who are respondents in this appeal were substituted in his

( 3 ) THE suit is based on an oral lease of the cinema hall given by Maoji in favour of the appellant which was terminated by notice with effect from 1st February 1975. The cinema hall was first leased out in 1958 to the appellant. Thereafter, it was again leased out in 1968. The monthly rent agreed was Rs. 900/ -. As there is no writing evidencing the lease, the tenancy has been treated to be from month to month, and there is no dispute between the parties on that point. The trial Court held that the lease was really a lease of cinema business and was not covered by the Madhya Pradesh Accommodation Control Act, 1961, and, therefore, it was not necessa