Short Note : 1. It is admitted that T. N. Bhaskar was not the person who had let Smt. Hakim into possession of the accommodation as a tenant. In fact she was inducted as a tenant by one Mathuradas. For certain income-tax recoveries, the house was attached. Mathuradas died leaving behind, as per defendant, at least four heirs. One of them by name Kasturilal with the permission of the Income tax authorities, sold the house to T. N. Bhaskar. This is how, T. N. Bhaskar claimed ownership over the house. 2. The trial Court did not frame specific issues on these pleadings of the defendant. A grievance was made about it but the Court refused to add issues. The defendant, therefore, came up in revision. Held : The principal question in a suit for ejectment between landlord and tenant is the relationship created by contract or by operation of law. But where the plaintiff claims through derivative title, the defendant-tenant is not estopped from showing that the title is not really in the plaintiff but in some other persons or that the derivative title acquired by the plaintiff is defective for some reason. 3. The learned trial Court has in fact omitted to frame certain vital issues, say about the enhancement of rent from Rs. 46 to Rs 65 per month which had been denied, the authority of Kasturilal to sell the property when he was not the only person inheriting the estate of Mathuradas and the issue requiring proof of the sale-deed itself. What could possibly be the effect of Income tax authorities permitting Kasturilal to sell ? 4. Omission to frame these issues would be no material irregularity provided the Court is alive to the controversy and permits all evidence to come on record challenging the derivative title of the landlord. But then, there is no harm if the issues are framed and the attentions of the parties are focussed to the controversy raised so that they lead full evidence in proof or disproof thereof. 5. The evidence has not yet begun. The addition of relevant issues is going to prejudice none. Let the Court, therefore, frame those issues and proceed. Revision allowed.