N.M. KASLIWAL, J.— Learned Single Judge by order dated July 12, 1985 has referred this case to the Full Bench for decision of the following issues :

1. Whether in a suit based on the relationship between the landlord and tenant, making prayer for eviction on the grounds set forth under S. 13 of the Rajasthan Premises (Control of Rent and Eviction). Act, 1950, a decree for possession can be granted in favour of the plaintiff on the basis of his title ?

2. Whether when the present issue is framed mentioning the allegation of the title of the plaintiff also, the defendant asserts his own title and denied the plaintiffs and both the parties led evidence, can it be said that no prejudice is caused to the defendant if the decree for possession is based on proof of the title of the plaintiff ?

2. The facts of the case are that Gopal Lal plaintiff respondent filed a suit against Smt. Pushpa Sharma defendant-appellant for ejectment of certain residential premises situated in Jaipur City. The suit was based on the ground of default in the payment of rent for more than six months, material alteration in the premises and for reasonable and bonafide necessity of the plaintiff. The defendant in the

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