I.P. Rao, J.

1. This is a second appeal filed by the tenant against whom a decree for eviction in respect of the ground floor of the house occupied by him as a tenant has been passed.

2. The respondent landlord filed a suit for eviction originally on the grounds of nuisance, arrears of rent and material alteration. By amendment dated 31-7-1979 the landlord added the ground of bond fide requirement on the allegation that his son who is working in Madhya Pradesh Electricity Board has been transferred to Jabalpur. Both the courts have ordered eviction on the grounds of nuisance, bona fide need and material alteration by making unauthorised construction of a wall and converting verandah into a room. The second appeal was admitted by this court on 28-9-1993 on the following substantial questions of law :

(1) whether, in the facts and circumstances of the case, the decree granted by the Courts below for ejectment under Section 12(1 )(a), (c) and (m) of the M. P. Accommodation Control Act, 1961 is in accordance with law?

(2) whether the children of the son of the landlord can be included in the definition of member of the family as given in Section 2(a) of the M. P. Accommodation Cont