TULSIDAS HEMNANI Vs. MADAN LAL

JUDGEMENT

(1.) Being aggrieved by the judgment dated 04/12/01 passed by Additional District Judge, Indore in Civil Regular Appeal No. 30/01 whereby the order dated 28/02/01 passed by learned X Civil Judge, Class-II, Indore in MJC No. 5/99 was set aside, the present appeal has been filed, which has been admitted by this Court on the following substantial question of law vide order dated 15/07/02:

(2.) Whether in the facts and circumstances of the case, Appellant (tenant) has made out a case for grant of mandatory order as contemplated under Section 18(3) of the Act to be passed against the landlord?

(3.) Instead of handing over the possession Appellants moved an application before this Court for clerification that no time has been fixed for completion of construction, therefore, Respondent be directed to complete the construction within the stipulated time. This application was filed on 10/11/98 and was numbered as MCC No. 608/98. Since the application could not be disposed of before the date when the possession was to be handed over as per the order of this Court, therefore, Appellants handed over the possession of suit accommodation on 30/11/98. Thereafter the application filed by the Appellants which was numbered as MCC No. 608/98 and was dismissed on 05/03/99 with an observation that after handing over the possession Appellants shall be at liberty to move an appropriate application before the learned trial Court under Section 18(3) of the Act. Thereafter in the month of March, 1998 Appellants moved an application before the learned trial Court under Section 18(3) of the Act wherein it was prayed that since no construction has been raised by the Respondent, therefore, Appellants be given possession of the suit accommodation.