( 1 ) THIS appeal came up for hearing before R. C. Lahoti, J. , who found an apparent conflict between the view taken in three decisions rendered by learned single Judges of this Court on the question mooted in the appeal. The matter, thereafter, came up before a Division Bench of which he was also a member. However, he found unable to persuade himself to agree with the Presiding Judge (S. K. Dubey, J.) and as a result of difference of opinion between them, the controversy is to be finally resolved by me.

( 2 ) THIS is defendant's second appeal. Two courts have decreed the suit of the plaintiff/respondent for his eviction on the "ground" contemplated under S. 12 (1) (e) of the M. P. Accommodation Control Act, 1961, for short, 'act'. The plaintiff's case was that she had purchased the suit premises on 18-9-1972 from one Noor Beg but she did not get vacant possession as the defendant was occupying the same as Noor Beg's tenant. After her purchase for defendant's eviction, she instituted the suit on 25-6-1973 basing her claim on Cls. (e) and (o) of S. 12 (1 ). During the trial of the suit, on 10-4-1980, para 6a was inserted in the plaint to add further the "ground" cont