( 1 ) THIS appeal was first heard by Bachawat, J. sitting singly. He found difficulty in reconciling two Division Bench decisions of this Court on the construction of section 13 of the Madhya Pradesh Accommo-dation Control Act, 1961. These division Bench cases are : Firm Ganeshram Harivilas v. Ramchandra 1970 MPTJ 902 = (AIR 1971 Madh Pra 104) and Jivrambhai v. Amarsingh 1972 MPTJ 785 = (AIR 1973 Madh Pra 165 ). The learned Judge, therefore referred to a Division bench the following question of law;

"whether the operation of Section 13 (1) of the Madhya Pradesh accommodation Control Act, 1961 is arrested so far as the deposit of rent according to it, is concerned and it remains in suspense until the court fixes a provisional rent since when the dispute is raised by the defendant-tenant in his written statement, or it would be so since when the defendant-tenant makes an application inviting the attention of the Court to the specific dispute and asks the Courts to fix the provisional rent?"

When the reference came up before a Division Bench (Oza and Sohani, JJ.), the learned Judges considered that as the question required reconsideration of two division Bench decisions, the r