JUDGMENT :

Vivek Rusia, J.

1. The appellant Radheshyam (since dead, now represented through legal heirs) has filed this second appeal against judgment and decree dated 14.8.2013 passed by 6th Additional District Judge, Indore in Civil Regular Appeal No. 29/2012, whereby judgment and decree dated 16.7.2012 passed by 9th Civil Judge, Class-I, Indore in Civil Suit No. 10A/2011 dismissing the suit under section 12(1)(f) of the M.P. Accommodation Control Act, 1961 (hereinafter, for short, "the Act of 1961"), has been reversed and decreed the suit under section 12(1) (f) of the Act of 1961.

2. Facts of the case necessary for disposal of this appeal are as under:

(i) Respondent (here in after referred as 'plaintiff) filed the civil suit for eviction and arrears of rent against Late Radheshyam (here in after referred as 'defendant no. 1') and his brother Satyanarayan (here in after referred as 'defendant no. 2'). As per averments made in the plaint, the plaintiff is owner of the ground floor shop having Municipal No.492 (old No.391), Jawahar Marg, Indore of area 16 x 20 Sq. ft. (hereinafter, for short, "suit shop"). The suit shop was purchased by the plaintiff by registered sale-deed No. 1A/62