ABDUL HAQ Vs. RAGHOVENDRA SINGH

JUDGEMENT

(1.) THIS appeal under the Letters Patent is directed against an order of S.B. Sen J, dated 9 Nov. 1959 by which be affirmed a concurrent view of the two Courts below that a decree for ejectment in Civil suit No. 52A of 1953, which was passed on 19 January 1955, was within the exception mentioned in Section 16 of the Madhya Pradesh Accomodation Control Act, 1955, and could also be executed for the reason that the title of the decree holder to the demised premises was denied in the written statement filed in the suit.

(2.) THE only ground urged in support of this appeal is that to be a ground for ejectment under Section 16 of the Madhya Pradesh Accomodation Control Act, 1955 (hereinafter called the Act), the denial of title had to be anterior to the filing of the suit. Reliance is placed upon the view we took in Ratanlal vs. Damodardas, 1961 JLJ 5. That case is easily distinguishable because there we were considering a reference made in a second appeal arising out of a suit for ejectment and arrears of rent and we had to consider the meaning of Section 4 (f) of the Act.

(3.) FOR the reasons we have given in the last paragraph, we are of opinion that the view taken by the learned Single Judge is correct. The result is that this appeal fails and is dismissed. The appellant shall bear his own costs and pay those of the respondents throughtout. Hearing fee Rs. 50.