( 1 ) THIS case comes before the Full Bench on a reference by Choudhuri J. The appeal arises out of a civil suit filed after notice with the permission of the Rent controller, and the dispute is as to the validity of the notice which has been served upon the tenant. Admittedly, the tenant was asked to be evicted from only a portion of the house, and the contention of the tenant is that the notice served on him, was invalid and further that if the notice were held to flow from the C. P. and berar Letting of Houses and Rent Control Order, 1949, the C. P. and Berar regulation of Letting of Accommodation Act, 1946, and the House Rent Control order are ultra vires in material particulars.

( 2 ) THE case was sent to this Full Bench for final decision, but we think it better that we should express ourselves only on the questions of Law which have been raised before us and leave the matter to the learned Single Judge. Fortunately the referring Judge is with us and he agrees that this is the best course.

( 3 ) THE first contention of the tenant is that under the Transfer of Property Act, there can be no splitting up of a tenancy, and either the tenancy has to continue as a whole or has to b

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