S.K. Dubey, J.

1. This second appeal has come up for hearing before us on a reference being made by C. K. Prasad, J. who was of the opinion that the substantial question of law required to be determined is a question of importance which reads thus:

"Whether the respondents were entitled to claim exemption from the provisions of M.P. Accommodation Control Act, 1961 on the basis of notification, issued on 7-9-1989, by the State Government, exempting the appellant from operation of the section subject to the conditions mentioned therein?"

2. Facts which are essential for determination of the question are thus : The respondent/plaintiff is a religious and charitable trust registered under M.P. Public Trusts Act, 1951 (for short 'the MPPT Act') which owns a Dharamshala, many houses and other properties. The houses are let out to the various tenants of the trust. The rental income derived from the houses and other buildings is exclusively used and applied for religious and charitable purposes and also for charitable institutions. The appellant is a tenant of a building on the monthly rent of Rs. 75/-, situated at Gujarati Bazar, Sagar in front of rice mill Batbatwali Atari No. 4. The a