S.D. Jha, J. -- 1. The second appeal by tenant-defendant by order dated 23.1.1985 was admitted for final hearing on the following substantial question of law:

(1) Whether on the facts and in the circumstances of the case, plaintiff's sister's sons could be held to be members of the family, for whose requirement decree for eviction on the ground specified in section 12(1)(e) of the M.P. Accommodation Control Act, 1961, could be passed?

(2) Whether on the facts and in the circumstances of the case, the Court below has erred in holding that the plaintiff had become owner of the suit accommodation?"

2. The respondent-plaintiff filed suit for eviction against the defendant-tenant claiming that she had become owner of ground-floor of House No. 390 Hohra Oli, Neemuch Cant. consisting of four rooms, toilet and bath-room by virtue of gift made in her favour by her mother Hussainabi on 25.8.1976. Being a Mohammedan she was governed by the Mohammedan Law in the matter of gift also. The defendant was informed of this gift by the plaintiff and her mother by letters dated 24.10.1978 and 25.10.1978. The plaintiff claimed eviction of the defendant on ground of arrears of rent, nuisance by