Shiv Dayal, J.

While protecting tenants against their eviction from residential and non-residential accommodation, the Madhya Pradesh Accommodation Control Act No. 23 of 1955 (hereinafter called the 1955 Act) permits suits for eviction in certain exceptional circumstances. Those exceptional grounds, e. g. default in payment of arrears of rent, causing of substantial damage, sub-letting, creating nuisance etc. are enumerated in Clauses (a) to (n) of Section 4, which is the prohibitory section. Under Clause (g), in the case of a residential accommodation, and under Clause (h), in the case of a non-residential accommodation, a landlord can sue for eviction of his tenant on the ground of his requirement. Section 4(h) runs thus:

''4. No suit shall be filed in any civil Court against a tenant for his eviction from any accommodation except on one or more of the following grounds;

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(h) in the case of non-residential accommodation, that the landlord genuinely requires the accommodation for continuing or starting his own business or that of any person of his family bona fide residing or to reside with him and that he or the aforesaid person of his family 'is not in occupation o