1. :- This reference raises the question regarding construction of the expression "parted with possession" contained in Section 13(1)(e) of the Rajasthan Premises (Control) of Rent and Eviction) Act, (No. XVII of 1950) ('the Act' here in).

2. A learned single Judge of this Court has referred the following questions for consideration by a Division Bench of this Court:

(1) Whether a tenant, who allows another person to use the premises or part of the premises can be said to have "parted with possession of the premises part of the premises" so as to entail the liability of eviction Under Section 13(1)(e) of the Act?

(2) Whether conversion of exclusive possession of the premises by the tenant into a joint possession of the premises by the tenant and a third person constitutes parting with possession Under Section 13(1)(e) of the Act?

(3) Whether the decision in Bhagwat Prasad v. Dwarka Prasad and Anr. 1969 WLN 351 in so far it holds that a tenant, by sharing the premises with a third person, can be said to have parted with the possession of the premises, lays down the correct law?
We may notice the relevant facts: The plaintiff landlord (respondent) instituted a suit for rent a