Mishra, J. - l The following question has been referred to us for opinion:

"Whether an appellate Court can take cognizance of subsequent events happening after a decree has been passed by the lower Court in favour of the plaintiff landlord under section 12 (1) (e) of the M.P. Accommodation Control Act, 1961?"

2. A Single Bench constituted by one of us (Mishra, J.) which referred the above question, was confronted with two conflicting decisions of this Court on the aforesaid point. In Vishambharnath v. Mst. Ramdevi Civil Second Appeal No. 209 of 1970 (Gwalior) Decided on 22-12-1976, view taken is to the effect that events happening after passing of a decree in favour of the landlord, even if true, cannot be taken cognizance of by an appellate Court. Reliance has been placed on Rameshwar and other v. Jotram and others AIR 1976 SC 49. On the other hand, a contrary view has been taken in Ramlal v. Vinod Cotton Mills Ltd. Civil Second Appeal No. 175 of 1978 Indore to the effect that events happening after passing of the decree can be taken cognizance of during the pendency of the suit even at second appellate stage, on the basis of cases reported in Pasupuleti Venkateshwarlu v. Mot