- (1.) The judgment of the High Court, allowing the Second Appeal is in challenge by way of this Appeal. The Second Appeal was filed by the respondent/defendant challenging the judgment of the Appellate Court, whereby the Appellate Court had confirmed the decree passed by the Trial Court. The High Court framed two questions of law, they were: "(1) Whether the Court below erred in law in treating the finding recorded in the proceedings under Order XXII Rule 5, CPC to be binding and omitting to decide the question in regard to the locus standi and entitlement of the plaintiff on merits considering the specific pleas urged by the defendant in the written statement subsequent to the substitution of the new plaintiff? and; (2) Whether the Court below erred in law in granting a decree on the basis of the ground contemplated under Section 12 (1) (c) of the M.P. Accommodation Control Act even though the alleged disclaimer could not be taken to be anterior to the filing of the suit?"
(2.) Two other substantial questions proposed by the appellant (respondent herein) before the High Court by the respondent herein were: "(1) Whether the defence contained in the written statement did constitute a ground under Section 12 (1) (c) of the M.P. Accommodation Control Act? (2) Whether the ground under Section 12 (1) (c) is available to a derivative title holder?"
(3.) The High Court, however, took into consideration the first question of law and held that if that question of law was answered in favour of the appellant (respondent herein), then the Second Appeal would have to be allowed in favour of the tenant-respondent. It is only on that ground that the appeal came to be allowed. In paragraph 7 of the impunged judgment, the High Court expressed that the gist of the first question was whether the evidence recorded by the Court below before allowing the application under Order 22 Rule 5 of the Code of Civil Procedure (hereinafter referred to as 'CPC', for short) could be looked into also for passing a final decree against the appellant-defendant (respondent herein). It, however, observed that if that evidence was ignored, then the plaintiff (appellant herein) had not led any evidence to show that he had locus standi to continue the suit.;