C.P. Sen, J.

1. This is plaintiffs 2nd IN appeal against the dismissal of this suit for eviction by the Courts below seeking eviction under Section 12(1) (a), (f), (g) and (h) of the M. P. Accommodation Control Act, 1961 on the ground of arrears of rent, bona fide need for residential purposes, essential repairs and reconstruction.

2. It is not in dispute that the plaintiff is a religious and charitable institution registered under the Societies Registration Act, 1860 and also under the M. P. Public Trust Act, 1951. The suit block formed part of the building own-ed by the plaintiff in which the defendant is a tenant. According to the plaintiff, the defendant become a tenant on 15-6-71 at the rate of Rs. 40 per month as per rent note (Ex. D-3) and since the rent note was neither registered nor stamped, it was inadmissible in evidence and so the defendant was merely a licensee. The defendant did not pay ANY rent from the inception and on the other hand filed an application before the Rent Controlling Authority for fixation of fair rent. So on 29-9-1971 his tenancy was terminated and arrears of rent was demanded. Then the suit was filed seeking eviction on the ground of arrears