P.K. Jaiswal, J.

1. This appeal is filed by the defendant/appellant against the judgment and decree dated 1-1-2002 passed by First Additional District Judge, Shivpuri in Civil Appeal No. 3-A/2001, whereby learned Additional District Judge dismissed the appeal of defendant and affirmed the judgment and decree of the trial Court dated 11-12-2000 passed by First Civil Judge, Class II, Shivpuri in Civil Suit No. 47-A/98.

2. The facts of the case are that respondent/plaintiff filed a suit for eviction under Clause (c) (0 (h) and (k) of sub-section (1) of section 12 of M.P.. Accommodation Control Act, 1961 (hereinafter called as "the Act") on the ground that plaintiff was owner of the suit shop and defendant was tenant at the rate of Rs. 85/- per month. The plaintiff issued notice dated 10-1-1987 and terminated the tenancy with effect from 31-1-1987. In reply to legal notice defendant denied the title of the plaintiff and as such plaintiff claimed decree for ejectment under section 12(1)(c) of the Act.

3. The defendant in his written statement denied the averments made in the plaint. In para 1 of the written statement defendant stated that he was not the tenant of plaintiff and ther