JUDGMENT :

1. This is tenant's/defendant's second appeal against the judgment and decree dated 9-9-2003 passed by learned First Additional District Judge, Katni in Civil Appeal No. 41-A/2002, whereby the judgment and decree dated 29-4-2002 passed by learned Second Civil Judge, Class II, Katni in Civil Suit No. 11-A/1998 decreeing the suit of plaintiff/respondent has been affirmed.

2. The facts necessary for disposal of this second appeal lie in narrow compass. Suffice it is to say that the plaintiff/respondent on the basis of relationship of landlord and tenant filed a suit for eviction against defendant/ appellant on the ground envisaged under section 12(1)(c) and (f) of M. P. Accommodation Control Act, 1961 (for brevity "Act").

3. The appellants are the L.Rs. of defendant/tenant who had died during the pendency of this second appeal. In brief the case of plaintiff is that, he is the landlord of the tenanted premises which is non-residential and he gave the suit premises on monthly rent of Rs. 1600/- shown in the map annexed with the plaint, to the defendant. According to the plaintiff, no rent is due upon the tenant/ defendant. The suit accommodation is required by plaintiff for him