1. This is tenant's Second appeal under Section 100 of Code of Civil Procedure, against the judgment and decree dated 20.3.1996 passed by the IX Additional District Judge, Bhopal, in Civil Appeal No. 8-A/95 affirming the judgment and decree dated 1.5.1995 passed by the first Civil Judge, Class-I, Bhopal, in Civil suit No. 35-A/93 decreeing the eviction suit in favour of the plaintiffs-respondents under section 12(1) (e) of the M.P. Accommodation Control Act. 1961 (for short the 'Act').

2. This appeal was admitted on 5.5.1997 on the following substantial question of law:

"Whether the requirement of the respondents could be said to bona fide under Section 12(1)(e) of the M.P. Accommodation Control Act, 1961 when the appellant has filed a suit under section 12(1)(h) of the Act also '?"

When this appeal came up for hearing, the learned Single Judge. being of the view of that Smt. Parmeshwari Devi v. Thakur Natthu Singh' [1988 (1) MPJR 462] was not correctly decided. referred the matter for decision to the larger Bench by order dated 8.11.2000, as the following point arose for consideration:

"Whether the landlord who seeks eviction of his tenant under sections 12(1)(e) and 12(1)(