( 1. ) APPELLANT on 21-3-1973 filed a civil suit for eviction and arrears of rent. Initially, ground taken was one under Section 12 (1) (a) of the Madhya Pradesh Accommodation Control Act, 1961 (act for short) that is for non-payment of arrears of rent despite service of demand notice hut that ground was given up during the trial. A fresh ground under Section 12 (1) (c) of the Act that is dis-claimer of title by tenant was added by way of amendment. However, such ground for eviction did not find favour either of the Courts below.

( 2. ) ADMITTEDLY, the respondent had executed a rent note (Ex. P-1) on 18-2-1966 in favour of the appellant. The respondent continued to pay rent to the appellant up till 31-1-1972. As per respondent Vijay Narayan Haksar, the brother of appellant had served a notice (Ex. D-2) claiming payment of rent from him on the ground that the suit shop had fallen in his share in partition with a copy of judgment of this Court in F. A. No. 9/1964 (Vijay Narayan Haksar v. Ranjit Narayan Haksar and Anr.) referring that the western shop had fallen in the share of Vijay Narayan Haksar where upon on 6-4-1973 the respondent had claimed to have paid arrears of rent b