SURYAKUMAR BAJPAYEE Vs. VIJAY H BHOJWANI

JUDGEMENT

(1.) The substantial question of law involved, formulated and to be answered in this second appeal is as under:-

(2.) The appellant/plaintiff instituted a suit for eviction on the ground of bonafide need and for reconstruction. The suit was compromised by the parties in Lok Adalat and compromise decree was passed with a condition that the tenant was required to vacate the suit premises and to hand over the vacant possession to the landlord/plaintiff within 15 days for reconstruction and thereafter, the landlord was required to raise construction and after reconstruction, one shop would be let out to the defendant/tenant on monthly rent of 1500/- to 1700/-. The landlord was required to complete the construction within six months. The defendant had vacated the said premises and reconstruction has already been made, but claim of the defendant was that he was not given possession of the suit premises as per compromise decree.

(3.) Thereafter, the defendant filed an application under Section 47 of the CPC seeking relief of re-entry and damages. Relief under Section 18 of the Chhattisgarh Accommodation Control Act, 1961 (henceforth 'the Act of 1961') was also claimed.