N.K. Mody, J.

1. Being aggrieved by the judgment dated 14-9-2004 passed by VIII ADJ, Indore in Civil Appeal No. 6/04 whereby the judgment dated 24-12-2003 passed by III Civil Judge class-II, Indore whereby the decree of eviction was passed against the Appellant under Section 12(1)(c) of the Act, was maintained, the present appeal has been filed.

2. The appeal was admitted by this Court vide order dated 3-2-2005 on the following substantial questions of law:

1. Whether by denying derivative title, Appellant had incurred a liability for eviction under Section 12(1)(c) of the M P. Accommodation Control Act, 1961?

2. Whether the pleadings in the written statement constitute disclaimer of title?

3. Short facts of the case are that Respondent filed a suit for eviction on 6-1-2003 against the Appellant under Section 12(1)(a), (c), (e) and (h) of M. P. Accommodation Control Act (which shall be referred hereinafter as "the Act") alleging that Appellant is in occupation of a house bearing No. 1/2, Lane No. 6, Parsi Mohalla, Indore. It was alleged that suit property has been purchased by the Respondent vide registered sale deed dated 26-9-1991. It was alleged that suit accommodation in whi