S.K. Dubey, J.-l, The defendant, having lost in the two Courts below, has filed this second appeal against the judgment and decree of arrears of rent and of eviction under section 12 (1) (a) of the M.P. Accommonation Control Act, 1961, (for short, the 'Rent Act'), passed in Civil Appeal No. 44-A/1976, by Second Anditional District Judge, Guna" on 22-12-1979.

2. Brief facts leading to this appeal are thus:-The defendant is owner of the suit property which was mortgaged by him with the plaintiffs for a consideration of Rs. 12,000/- vide registered mortgage-deed (Ext. P.1), dated 28-8-1970. The mortgage was with possession, a usufructuary mortgage, as defined Under section 58 (d) of the Transfer of Property Act, 1882 (for short, the' Act'). On the same day, the mortgagees/plaintiffs leased back the property to the mortgagor/defendant on the terms and conditions mentioned in the rent-note (Ext. P. 2) on a monthly rent of Rs. 141/- for a perion of 10 months. A formal handing over and taking over of possession by delivery of the key of the suit property took place between the parties at the time of execution of the aforesaid two deeds. The appellant after taking over possession of