U.N. Bhachawat, J

This is an appeal by the defendants against the judgment and decree dated 31st October 1981 of the Court of the Additional Judge to the Court of the District Judge, Guna, in Civil Appeal No. 70-A of 1979, whereby it has confirmed the judgment and decree dated 2-7-1979 of the Court of Civil Judge, Class II, Guna, in Civil Suit No. 5-A of 1976.

The plaintiff-landlord-respondent herein had filed a suit against the appellants herein for their ejectment from the suit accommodation on the grounds under section 12(1) (f) and (o) of the M. P. Accommodation Control Act, 1961, (for short, hereinafter referred to as 'the Act'). The suit has been decreed by both the Courts on these grounds. Thus, the defendants have filed the present appeal, which has been admitted on the following questions:-

(i) Whether no decree on the ground under section 12(1)(o) of the Act, could be granted, inasmuch as the plaintiff did not put a separate valuation for the purpose of jurisdiction and court-fees, with regard to the portion which is alleged to have been encroached by the defendants, and, at any rate, no decree could be passed for ejecting the defendants from the encroached portion?

(