JUDGMENT

1. This second appeal has been preferred by the original defendant Smt. Sangita (since died now is represented by her legal heir) challenging the judgment and decree dated 29.9.2003 passed by District Judge, Chhindwara in Civil Appeal No.15-A/2003, confirming the judgment and decree dated 26.3.2003 passed by 1st Civil Judge Class-I, Chhindwara in Civil Suit No.12- A/98, whereby suit for eviction filed by the original plaintiff Prahlad (since died, now is represented by the respondents 1-4) has been decreed on the grounds available under section 12(1)(e)&(o) of the M.P. Accommodation Control Act, 1961 (in short “the Act”).

2. In short the facts are that the original plaintiff Prahlad instituted a suit for eviction of tenanted residential premises against the original defendant Smt. Sangita Pathak on the grounds available under section 12(1) of the Act as well as for arrears of rent with the allegations that the defendant was given two rooms on rent of Rs.175/- p.m. vide rent note dated 11.7.1991 (Ex.P/1) for a period of 11 months but after expiry of the said period, the defendant neither vacated the premises nor paid the rent after the month of July, 1991 and is trying to gr