( 1. ) THIS reference arises out of second appeal No. 33 of 1959. The questions that arise for determination in this reference lie within a very narrow compass. They are: whether in a suit pending on the date of commencement of the Madhya Pradesh Accommodation Control Act, 1955, a decree for eviction can be passed except on one or more of the grounds mentioned in Section 4 (2) of the Act; whether a decree for eviction obtained before 1st January, 1959 can be executed against a tenant so long as the Act is in force except on any of the grounds mentioned in Section 4; and whether a person whose tenancy has come to an end before the commencement of the Act is a tenant for the purposes of the Act and can claim the protection given under the Act. As the question whether a person whose tenancy has been determined is a tenant within the meaning of the Act, has been decided directly by a Division Bench of this Court in Bankelal v. Sant Sharan, 1959 MP LJ 589, and the correctness of that decision was doubted, this reference was directed to be laid before a Full Bench.

( 2. ) SO far as the question about the applicability of the Act to pending suits for eviction is concerned, that h