A. P. Sen, J. - 1. This is an appeal by the defendants from a judgment and decree of the Court of the Additional Judge to the 1st Additional District Judge, Bhopal, dated 16th November 1966 affirming the judgment and decree of the Court of the 1st Civil Judge, Class II, Bhopal, dated 31st August 1965.

2. The parties stand in the relation or landlord and tenant. The appellants are the defendants. Briefly stated, the facts are that the plaintiff sought eviction of the defendants from the suit premises initially under section 12(1)(e) of the Madhya Pradesh Accommodation Control Act, 1961 (No. XLI of 1961). The Court of first instance having negatived any genuine requirement for residential purposes, the plaintiff went up in appeal; and in appeal he incorporated a new ground for eviction, namely, a disclaimer of his title, by amendment of the plaint. This necessitated the framing of an issue whether the defendants had denied his title and a consequent remand under Order 41, rule 25 of the Code of Civil Procedure with a direction to the trial Court to try the issue and record a finding thereon. On remand, the first Court held that the ground under section 12(1) (c) was establishe