( 1. ) THIS appeal is by the plaintiff landlord against the reversing judgment and decree passed by the 1st Additional District Judge, neemuch in Civil Appeal No. 8-A/02. By the impugned judgment and decree the suit decreed by the trial Court in favour of the appellant, was dismissed.

( 2. ) APPELLANT filed an eviction suit against the respondent on two counts (i)non-payment of arrears of rent and (ii) bona fide need of the suit premises for starting business of herself. The respondent is in occupation of a non-residential accommodation on payment of monthly rent of Rs. 350/ -. It was specifically averred in the plaint that the respondent is tenant of plaintiff. It was also alleged that on the application filed by the respondent under section 25 of the M. P. Accommodation Control Act, 1961 (for short the Act), the Rent Controlling authority (RCA) had found that the respondent was tenant of the plaintiff and he was directed to pay the rent to the plaintiff. Despite order of RCA, respondent did not pay the rent from November, 1998 to March, 1999. Therefore, a demand notice was sent calling upon respondent to pay arrears of rent. Said demand notice was refused by the respondent