LAWS(MPH)-1960-9-24

RATANLAL GULZARILAL VAISHYA Vs. DAMODARDAS GIRIDHARILAL VAISHYA

Decided On September 28, 1960
Ratanlal Gulzarilal Vaishya Appellant
V/S
Damodardas Giridharilal Vaishya Respondents

JUDGEMENT

(1.) THIS reference by Shiv Dayal J. has been made in a second appeal arising out of a suit for ejectment and arrears of rent. The question referred to for our decision is:

(2.) WHERE the defendant denies the title of the plaintiff in his written statement, can a decree for eviction be passed under section 4(f) of the Madhya Pradesh Accommodation Control Act, 1955, although the suit was not based on that ground.

(3.) APPEAL dismissed