( 1 ) THIS is an appeal under Clause 10 of the Letters Patent by the tenant against a judgment of Golwalkar, J. holding that there can be no splitting of tenancy under section 12 (1) (e) of the Madhya Pradesh Accommodation Control Act, 1961.

( 2 ) THE facts leading to the appeal are not in dispute and may be shortly stated. The respondents plaintiffs. Shyamsundar and Ved Bhushan, are father and son. They held the property as members of a ioint Hindu family, the demised premises of which forms a part comprising of four rooms on the ground-floor, demarcated in red lines in the plaint map. The same was demised to the appellant-defendant, shantaram, by the plaintiff No. 1, Shyamsundar, acting as the lessor. During the subsistence of the lease, there was a partition between Shyamsundar and Ved bhushan. As a result of the partition, two of the rooms in occupation of the defendant-tenant, marked in green lines, have fallen to the share of shyamsundar, while the other two rooms have been allotted to the share of Ved bhushan. Since Shyamsundar was in need of the portion allotted to his share, both the plaintiffs served a notice determining the lease under Section 106 of the transfer