V.S. Kokje, J. -- 1. On 29.9.1977 this Second Appeal was admitted on the following substantial questions of law:-"

1. Whether the lower Court erred in law in holding that the tenancy of the defendant was not validly determined?

2. Whether the suit was had for non-joinder of necessary parties ?"

2. The plaintiff-appellant had sued the defendant for eviction from the suit premises. The trial Court decreed the suit only for arrears of rent and dismissed it so far as ejectment was concerned on the ground that the tenancy was not terminated validly. On an appeal, the first appellate Court has maink1ined the judgment so far as validity of the termination of the tenancy but partly allowed the appeal holding that the rate of rent should have been decreed at the rate of Rs. 25/- per month from 16.4.64 onwards. Aggrieved by the aforesaid judgment, the plaintiff has filed this Second Appeal.

3. It is common ground that the provisions of the M.P. Accommodation Control Act, 1961 do not apply to the suit accommodation. The case has, therefore, to be examined in the light of general law. It was argued on behalf of the appellant that the dispute as regards non-joinder of necessary parties as a