SHRIKISANDAS TIKAMDAS Vs. RADHABAI

JUDGEMENT

(1.) THIS is a revision by the plaintiff-landlord against the order, dated 20-9-1965, passed by the II Civil Judge, Class II, Burhanpur, in Civil Suit No. 79-A of 1964, directing the petitioner-landlord to place the respondent tenant in possession of an open plot of land purporting to act under section 151 read with section 18 (3) of the M. P. Accommodation Control Act, 1961.

(2.) THE petitioner filed a suit for eviction of the tenant on the ground that the building was required to be reconstructed and that it was in a dilapidated condition. That suit was compromised on 5-1-1965, whereby the parties agreed that the tenant would vacate the premises on 6-2-1965 and the landlord would complete reconstruction of the building within four months of that date. THE construction was, however, not completed within four months; and the trial Court further granted an extension of time by another four months. As such, the petitioner was expected to complete the reconstruction of the building by 6-10-1965. On the landlord's failure to complete the reconstruction by 6-10-1965, the tenant applied for taking action against the landlord under section 18 (3) of the M. P. Accommodation Control Act, 1961. It was the landlord's contention that he was unable to complete the construction within the time granted for reasons beyond his control. According to him, the neighbouring building had also fallen down and, therefore, he was required to submit a fresh plan to the Municipal Council. According to him, the old plan had become useless on account of the neighbouring building falling down.

(3.) AS regards the power under section 18 (3) of the M. P. Accommodation Control Act, 1961 is concerned, it envisages redelivery of possession to the tenant after the reconstruction of the building is complete, or in the alternative if the Court finds that the landlord has committed a default in the matter of completing the reconstruction, the Court can order compensation to be paid to the tenant. It may be relevant to reproduce the said sub-section, which is as follows: