H.R. Krishnan, J

This is an appeal under Section 23 of the Madhya Bharat High Court of Judicature Act corresponding to Clause 10 of Letters Patent from the decision of the single Bench (Mr. Justice B.K. Chaturvedi) dismissing Defendant's (ex-tenant's) appeal against a decree of eviction from land leased out by him from the Plaintiff-Respondent, for a non-agricultural purpose, that is, for building a factory. The latter had in his own turn filed a cross-appeal in regard to the profits and compensation, but there is no certificate or special appeal on his behalf. The questions for decision are, firstly whether the single Bench is correct in holding that this decree is not affected by the subsequently enacted Section 12 of the Sthan Niyantran Vidhan (Accommodation Control Act) (Act 15 of 1950 Smt. 2006); more precisely whether the word ''tenant" in that Act, should be understood to include an ex-tenant who had, even before the commencement of that Act become one by sufferance, who is no better than a trespasser. Secondly, whether and to what effect at all the Appellants can be heard in the Special Appeal to urge that in view of the operation of the Zamindari Abolition Act, the