( 1 ) THIS second appeal by defendant-tenant, who was unsuccessful in two courts below, was admitted for final hearing by order dt. 25-2-1988 :- (1) Whether the learned lower courts, could have considered and decided the point of nuisance when the same was directly involved in a suit between the parties filed earlier to the present suit? (2) Whether accommodation of Joint family could be ignored for the purpose of deciding availability of alternative accommodation to the landlady?

( 2 ) THE plaintiff-presented suit for eviction against the defendant on grounds under Clauses (c) and (a) of sub-section (1) of S. 12 of M. P. Accommodation Control Act, 1961 (hereinafter called 'the Act) - plaintiff's case briefly stated was that defendant was earlier tenant in three rooms of ground floor of House No. 680, Dhan Gali Mhow, of the earlier owners of house No. 680 named Sarfuddin and Chhuttan. The house was purchased by the plaintiff by registered sale deed dt. 15-5-1979 from earlier owners Sarfuddin and Chhuttan and thereafter the defendant attorned the plaintiff as his landlady and paid her monthly rent Rs. 34/ -. Portion occupied by the defendant is shown in the map with lett