( 1 ) THIS second appeal has been filed by the appellant-tenant against a judgment and decree passed by XVI Civil Judge Class II, Jabalpur in Civil Suit No. 165-A of 1980, maintained on appeal by Vth Additional Judge to the Court of District Judge, Jabalpur in Civil Appeal No. 14-A of 1981 decided on is for eviction Under Section 12 (1) (a) of the M. P. Accommodation Control Act.

( 2 ) THE plaintiff-respondent filed a suit against the appellant-defendant alleging that the appellant was a tenant of the respondent in house No. 790, Barat Road, Napier Town, Jabalpur on a monthly rent of Rs. 75/- per month. The tenancy was for residential purpose and the month of tenancy commenced from 1st day of every Gregorian calendar month. It was also alleged that the appellant did not pay rent from March, 1969 and ultimately, a notice for demand was issued on 26-12-1973 which was received by the appellant on 29th of Dec. , 1973 and instead of service of this notice of demand, the appellant failed to pay rent as demanded in the notice. It was also alleged that the appellant converted the use of the premises for non-residential purpose also, by opening a small factory for retrading ty