S.C. Pandey, J.

1. This is an appeal under Section 100 of the Code of Civil Procedure against the judgment and decree dated 11.7.1995, in Civil Appeal No. 6-A of 1995, passed by IXth Additional Judge to the Court of District Judge. Jabalpur, arising out of judgment and decree dated 4.1.1995, passed by Xth Civil Judge Class-II. Jabalpur in Civil Suit No. 54-A of 1994.

2. The essential facts necessary for determination of the appeal are as follows-

The respondent instituted a Civil Suit No. 54-A of 1994 against the appellant for ejectment form the suit shop on the grounds mentioned in Section 12 (1) (a), 12 (1) (f) and 12 (1) (h) of the M.P. Accommodation Control Act, 1961 (Hence forth 'the Act) The respondent claimed that he was the owner and the landlord of the suit-shop and the appellant was his tenant. The suit-shop, which formed the part of larger construction is numbered as 849, 850 and 850/1 by the Municipal Corporation. Jabalpur. This construction bears new number as 693 and situate as Badi Ukli. Jabalpur. The respondent stated in his plaint that appellant occupied one of the shops in the ground floor as a tenant and carried on the business of making rubber stamps. Thus,