( 1. ) THIS Second Appeal by the tenant is directed against judgment and decree dated 19-11-2003 passed by the IInd Additional District Judge, Ujjain in Civil Suit No. 20/2003. By the impugned judgment and decree appeal preferred by the present appellant was dismissed.

( 2. ) RESPONDENT plaintiff filed a suit for eviction of appellant on the allegation that appellant is the tenant of the plaintiff and is residing in House No. 234 (old No. 134) Nayapura, Badnagar. The tenancy is monthly and appellant is paying Rs. 30/- per month as rent for the tenanted premises. The case of plaintiff was that appellant had constructed his own residential accommodation and is residing with his family members but to avoid delivery of vacant possession of the tenanted premises he has inducted his own brother as sub-tenant in the suit accommodation. Plaintiff, therefore, filed the suit for eviction on the ground under Section 12 (1) (i) of the M. P. Accommodation Control Act, 1961 (for short Act ). Appellant although admitted that the residential house has been constructed but denied the eviction on the ground that the said house is in the name of his wife and the appellant is not living with hi