GHANSHTAM HAZARIMAL Vs. NATHMAL LAXMINARAYAN

JUDGEMENT

(1.) THIS order will also dispose of Miscellaneous Civil Case No. 223 of 1974 Ghanshyam and another v. Nathmal.

(2.) THIS further appeal in execution, filed by the judgment-debtors, defendants, is directed against an order of the Additional Judge to the District Judge, bhopal, affirming that of the 4th Civil Judge, Class II, Bhopal, rejecting their application under section 47 of the Code of Civil Procedure to the executability of the decree. The connected application under section 152 of the Code of civil Procedure has been filed by them for amending the decree in Second appeal No. 119 of 1972 (Hazarimal and another v. Nathmal), decided on 4-9-1972.

(3.) THE facts, in brief, are these: The plaintiff's suit for ejectment under section 12 (1) (h) of the Madhya Pradesh Accommodation Control Act, 1961 was decreed by the 3rd Civil Judge, Class II, Bhopal, but the learned trial Judge, while decreeing the suit, failed to ascertain under section 18 (1) of the Act from the defendants whether they wanted to exercise their option of re-entry upon re-construction of the demised premises. That was, however, set right in appeal by the 3rd Additional District Judge, Bhopal, who directed the defendants to deliver possession of the accommodation to the plaintiff on or before 15-2-1972. The defendants, however, instead of delivering possession of the premises to the plaintiff, preferred a second appeal to this Court. In second appeal Singh J. affirmed the decree for ejectment under section 12 (1) (h), but did not in my opinion rightly, appoint another date under section 18 (1) of the Act.