Ahmad, J. -- 1. Leave granted.

2. Babulal was the tenant of a shop belonging to a temple managed by Phool Maliyan Samaj Mandir Trust, Bhopal ("the Trust" for short), whose tenancy was determined by notice dated 14.9.1991 under Section 106 of the Transfer of Property Act, 1882. In spite of the tenancy having been determined, Babulal did not vacate the premises. Consequently, the respondents, who were the trustees of the Trust, instituted a civil suit in the Court of the Civil Judge, Bhopal against Babulal for his eviction. It was pleaded that since the property in question belonged to the religious and charitable Trust, it was exempted from the operation of the M.P. Accommodation Control Act, 1961 ("the Act" for short) as provided by Section 3(2) thereof.

3. The suit was contested by Babulal, who filed a written statement denying the plaint allegations and pleaded that the suit was liable to be dismissed as it was not based on any of the grounds specified in Section 12 of the Act.

4. The suit was decreed on 8.12.1997, against which an appeal was filed, but before it could be disposed of by the Additional District Judge, Bhopal the original tenant died and was substituted by the