( 1 ) IT is necessary to mention at the outset that this petition under Art. 227 of the Constitution was entertained by us on 30-1-1989 on submission being made that the law laid down by two learned Single Judges of this Court to their under-mentioned decisions, required reconsideration (1) Mahavir Kumar v. Phool Chand, 1986 MPRCJ 310 and (2) Govind Prasad Yadav v. Jagdish Prasad Verma, 1987 MPRCJ 296.

( 2 ) WE have, therefore, limited in this matter our decision on the question merely of maintainability of the appeal filed as per memo of appeal (Annexure-P/4) by non-petitioner No. 3 (tenant) in the Court of the Second Additional Judge to the Court of District Judge, Gwalior. The appeal was filed against order passed on 1-11-1988 by the Rent Controlling Authority, Gwalior, for short, 'the R. C. A. ', in a proceeding initiated by the petitioner/landlady under S. 23-A of the Madhya Pradesh Accommodation Control Act, 1961, for short, the 'act'. By that order, the non-applicant-tenant was held in default by the R. C. A. for submitting neither the list of his witnesses nor producing his witnesses to comply with the direction made in that regard and further opportunity to