N.K. Mody, J.

1. Appellant by Mr. Subodh Abhyankar, advocate with Mrs. Neelam Adbyankar, advocate.

Respondent by Mr. Vishal Baheti, advocate.

Being aggrieved by the judgment dated 26-10-2005 passed by X Additional District Judge, Indore in Civil Appeal No. 35-A/05 whereby the judgment dated 27-1-2005 passed by XI Civil Judge, Class-I, Indore in Civil Suit No. 254/03 whereby decree of eviction was passed against the Appellant under Section 12(1)(a) and (f) of the M.P. Accommodation Control Act (in short the "Act") was modified by setting aside the decree under Section 12(1)(f) of the Act and maintaining the decree under Section 12(1)(a) of the Act, the present appeal has been filed.

2. The appeal was admitted by this Court for final hearing vide order dated 1-3-2006 on the following substantial questions of law:

(i) Whether the sending of the arrears of rent claimed in the notice by Money Orders and refusal of the same by the Plaintiff within a period of two months from the date of receipt of the Notice disentitles the Plaintiff to claim decree for eviction under Section 12(1)(a) of M.P. Accommodation Control Act? (ii) Whether, under facts and circumstances of the case the decree