( 1 ) THIS revision and two others, namely, Civil Revisions Nos. 203 and 204 of 1970, come before us on a reference made by Bhave, J. who has doubted the correctness of two earlier decisions of this Court. Before referring to the precise points in controversy, it is necessary to recall the facts of the case in the words of bhave, J. himself:

"the facts of the case, in brief, are that the applicant Sardar Sawan singh had obtained a registered sale deed for a consideration of Rs. 40,000/- from Lekhraj Diddi, the non-applicant. It was alleged that the premises so purchased were given to the non-applicant on rent. The non-applicant, however, committed default in payment of rent and hence the applicant filed the suit for ejectment of the non-applicant. The non-applicant stated in his written statement that the sale deed was nominal and was not to be acted upon. The amount alleged to have been paid towards rent was, as a matter of fact, paid towards interest on the amount of Rs. 40,000/- which the non-applicant had borrowed from the applicant. In other words, the plea was that the non-applicant was not the tenant of the applicant and was not, therefore, liable to be ejected. Th