JUDGMENT - N.J. PANDYA, J.:---At the admission stage of this appeal, a preliminary point was taken, whether the appeal is maintainable before the High Court or before the District Court. In order to appreciate this contraversy, some facts are required to be noted.

2.The respondent/plaintiff is a landlord, after obtaining permission from the Rent Controller under Clause 13 of the C.P. and Berar Letting of Houses and Rent Control Order, 1949, had issued the quit notice on or about 9-1-1974. As the defendant/appellant did not comply with the same, a suit came to be filed which resulted into decree for possession with a direction for mesne profits.

3.In the suit itself, by way of the arrears of rent and for mesne profits, definite prayer was made and it was valued at Rs. 3,490/-. The details and the break up thereof are to be found in para 3 of the judgment under which the learned Judges of the Division Bench of this Court directed that the matter be placed before the learned Chief Justice for referring it to a larger Bench.

4.This direction came to be issued in view of the following decisions that have been referred to in the course of the judgement in paras 19 to 22.

These cases are:

(i)

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