( 1. ) THIS reference has been made by Bhave, J. in the following circumstances. The appellant brought a suit against the respondent for ejectment under Section 12 of the M. P. Accommodation Control Act, 1961, (hereinafter called the Act), on the ground that the suit accommodation had become unsafe for human residence, unless extensive repairs were effected; that the suit accommodation was required for the use of some relations of the plaintiff; that the defendant had sublet the suit premises; and that the defendant had caused substantial damage to the premises let out. The suit was resisted by the defendant. The trial Court dismissed it holding that not one of those grounds was made out.

( 2. ) THE plaintiff appealed. At her instance, the first appellate Court struck out the respondents defence under Section 13 (6) of the Act. However, the first appellate court dismissed the plaintiffs appeal because she had not established any one of the grounds under Section 12 of the Act. The plaintiff then preferred this second appeal.

( 3. ) WHEN this second appeal was placed for hearing before a learned single Judge, learned counsel for the defendant urged that the lower appellate Co