( 1 ) CONTROVERSY centres around two fold propositions of law viz.

(A) Whether suit by a landlord for damages or mesne profits without accompaniment of a suit for possession is barred by the provisions of Order 20 Rule 12 of the Code of Civil Procedure ?

(B) Whether suit for mesne profits is maintainable in respect of a tenant whose tenancy is governed by the provision of Section 19 of the Slum Areas (Improvement and Clearance Act, 1956) pursuant to notice under Section 106 of Transfer of Property Act determining the tenancy ?

( 2 ) 2. These propositions have arisen from the following preliminary issue set for determination: "whether the suit is maintainable in its present form in view of provisions of Section 19 of the Slum Areas (Improvement and Clearance Act, 1956?"

( 3 ) RELEVANT facts lie in short compass:-

"defendant No. 1 is partnership firm and defendants No. 2 to 8 are its partners. Defendant No. 2 took on rent from the plaintiffs the first floor consisting of a big hall and a open colonade in front of the second floor and terrace of premises No. 450, Katra Choban, Chandni Chowk, Delhi, initially at the rate of Rs. 2000/- per month which was subsequently incre