( 1 ) IN order to appreciate the question which has been referred to the Full Bench it is necessary to state a few facts. Plot NO. 8 was allotted by Santosh Co-operative Housing Society to one Girish Morarji Mehta. The society constructed houses and the house constructed on plot No. 8 was allotted by the society to Girish. On 16th December 1965 Girish applied to the society for transfer of his shares to Juvansinh Shivubha Jadeja the plaintiff. The society accepted the transfer of the shares and admitted Juvansinh Shivubha Jadeja to its membership. When Girish was occupying the house in question he had let it out to the defendants. Upon transfer of shares by Girish to Juvansinh the plaintiff the latter claimed to recover from the defendants rent in respect of the suit premises. The defendants did not accept Juvansinhs title as a result of which rent remained unpaid from 1st January 1965 to 31st October 1967 Notice of demand was served upon the defendants Rent also remained in arrears thereafter. Thereupon the plaintiff filed against the defenddants the present suit for recovery of possession of the suit premises on the ground of arrears of rent and also claimed decree