CHANDRASHEKHAR JAIKISHAN BAJPAI Vs. NIYAMATRAM

JUDGEMENT

(1.) THIS is an application under Section 152 read with Section 151 of the Code of civil Procedure.

(2.) THE non-applicant filed a suit against the applicant for eviction on arrears of rent. The suit was decreed by the trial Court, and the decree was maintained in first as well as in second appeal. As eviction was sought under Clause (h) of Subsection (1) of Section 12 of the M. P. Accommodation Control Act. 1961, (hereinafter referred to as the 'act') on the ground that the accommodation was required for the purposes of rebuilding the house, the applicant was entitled to the benefit of the provisions of Section 18 of the Act. Section 18, reads as under:--

(3.) UNDER Sub-section (1) of Section 18 the Code while making order of eviction on the grounds specified in Clause (h) of Sub-section (1) of Section 12 is bound to ascertain from the tenant as to whether he elects to be placed in occupation of the accommodation or part thereof from which he is to be evicted and if the tenant so elects the Court has to record the fact of election in the order and to specify therein the date on or before which he shall deliver possession to the landlord to enable him to commence construction work. Sub-section (2) provides that if the tenant delivers possession on or before the date specified in the order the landlord shall on completion of work of construction place the tenant in occupation of the accommodation within one month of the completion of such work.