T.S. Doabia, J.

1. This judgment shall dispose of two second appeals, namely, 95/94 (Khem Singh v. Nagar Palika Parishad, Shivpuri) and 142/94 (Jugal Kishore Pateria v. Shri Parshvnath Digamber Jain, Purana Mandir Trust, Chanderi). Both these appeals have been preferred by the tenants. A decree of eviction has been passed in both the cases. Brief facts in second appeal No. 142/94 be noticed first :-

2. The landlord institution by the name of Shri Parshvnath Digamber Jain Purana Mandir Trust, Chanderi filed a suit for eviction against the present appellant. It was based on the ground that the appellant/tenant was a habitual defaulter in the matter of payment of rent. Notice Ex.P/3 was served upon him. This notice has been issued under Section 106 of the Transfer of Property Act, 1882 (hereinafter referred to as the Act').

3. Appellant took a plea that appellant's father was the tenant and, after his death, he is to be treated as a tenant. It was urged that the provisions of M.P. Accommodation Control Act are attracted to the facts of this case. It was also pleaded that on the deposit of entire rent, the ground of eviction based on non-payment of rent would cease to be there. Bo