R.C. Lahoti, J. -- 1. The landlord-plaintiff has come up in second appeal aggrieved by the judgment and decree of the lower appellate Court dismissing his suit for eviction of the defendant/respondents.

2. The suit premises admittedly owned by the appellant are non- residential one. The appellant filed a suit for ejectment of the defendant/respondents on the grounds available under section 12 (1) (a), (b) and (f) of M.P. Accommodation Control Act, 1961 (Act, for short). Appellant's entitlement to seek eviction under clauses (a) and (I) has been negatived by the Courts below and those findings have not been challenged. The appellant has persisted in pressing claim for eviction under clause (b) and hence facts relevant to that ground only need be noticed.

3. At this stage, it is no longer in dispute that the two defendant/respondents are real brothers, No.1 being the elder one. The tenancy commenced on 1.5.1968. The rate of rent is Rs. 26/- per month. The plaintiff alleged that though his shop was let out to defendant No.1 alone, he had sub-let the same to the defendant/respondentNo.2 in breach of the contract of tenancy. The plea taken in reply in the written statement is loos