A. P. Sen, J,- 1. This appeal by the defendant is directed against a judgment of the IInd Addl. District Judge, Raipur dated 19the Jnly 1973, affirming the judgment and decree of the 1st Civil Judge, Class II, Dhamtari dated 31st January, 1972, decreeing the plaintiff's claim (or eviction under section 12-(1) (b) and (f) of the M. P. Accommodation Control Act, 1961.

2. The facts of the case, in brief, are as follows: The plaintiff is the Karta of a joint Hindu family engaged in wholesale cloth business under the name ‘M/s Bhomraj Askaran,’ Dhamtari. The joint family owns a double-storied building at Motor Stand, Dhamtari, just in front of its business premises. The plaintiff's father Askaran who was the then Karta had in 1948 inducted the defendant into the demised premises, i.e., the double storied building, which was let for non residential purposes where he opened a shop, but since many years before the suit it had been closed down. In the year 1960-61, the family effected a partial partition by making a division of the business and it was converted into a partnership business. This was evidently done for income tax purposes.

3. The plaintiff on 20-7-1970, brought the suit