( 1 ) THE following question has been referred to this Bench by the learned single Judge hearing this appeal: "in the case of a composite tenancy, if it is established that the landlord requires the non-residential part of the accommodation or residential part of the accommodation. Whether a decree for eviction of the tenant from the entire premises can be passed. "

( 2 ) SHRI Chaphekar, the learned counsel for the appellant, contended that if a landlord was able to make out a ground specified in Section 12 (1) of Madhya Pradesh Accommodation Control Act, 1961 (hereinafter referred to as the Act), he became entitled to a decree for eviction in respect of that portion of the premises, the requirements for which was established by him and as a contract of tenancy could not be split up a decree for eviction of the tenant from the entire premises had to be passed.

( 3 ) IN reply, Shri Saxena, the learned counsel for the respondent, contended that in the case of a composite tenancy, the landlord had to establish requirement of residential as well as the non-residential part of the accommodation and unless that was done, he was not entitled to a decree for eviction of the tenan