NATHULAL GUPTA Vs. PHATTANDAS TERMAL

JUDGEMENT

(1.) THE order in this revision shall also govern the disposal of Civil Revision No. 301 of 1972. Both these revisions arise out of an order passed by the trial Court refusing to try the question of title of the plaintiffs-landlords to the suit accommodation as a preliminary issue. The landlords in both the suits are plaintiffs ; and the defendants (tenant and sub-tenant) of the suit accommodation are the same.

(2.) THE learned counsel for the applicants contends that the issue whether the plaintiffs were the landlords of the suit accommodation and as such entitled to withdraw the amount of rent that may be deposited ought to have been tried as a preliminary issue. The learned counsel for the non-applicants, on the other hand, contends that the issue regarding the title to the suit accommodation could not be tried as a preliminary issue and that the trial Court was right in rejecting the prayer for so doing.

(3.) FOR the purpose of appreciating the contentions aforesaid, the provisions of sub-sections (3) and (4) of section 13 of the Madhya Pradesh Accommodation Control Act, 1961 are reproduced here: