( 1 ) THE Division Bench hearing this appeal felt that the Full Bench decision of this Court in Ratan-chand Firm v. Rajendra Kumar, 1969 MPLJ 672 : (AIR 1970 madh Pra 1 (FB)) required further consideration. The question formulated for opinion is as follows:-

"in appeal by the landlord against the dismissal of his suit for eviction under Sub-section (5) of Section 13 of the Act, is the landlord entitled to succeed if the tenant commits any default in the payment or deposit of current rent during the pendency of the appeal, even though the suit was rightly dismissed, as the tenant had fully complied with the provisions of Sub-section (1) of Section 13 of the act upto the date of dismissal of the suit?"

( 2 ) THE plaintiffs-appellants had filed a suit for recovery of arrears of rent, damages, notice charges and ejectment from the suit premises against the respondent-defendant. This suit admittedly was on the ground provided in section 12 (1) fa) of the M. P. Accommodation Control Act, 1961 (hereinafter referred to as "the Act" ). On an application of the defendant the trial Judge fixed the provisional rent as provided by Section 13 (2) of the Act. Later, the defendant submitt