BHAGWAN SINGH Vs. KALLO MAULA SHAH

JUDGEMENT

(1.) THE following question has been referred by one of us (U. N. Bhachawat J.)to a larger Bench:-" whether an order passed on an application under Section 18 (3) of the Madhya Pradesh Accommodation Control Act is appealable or revisable?"

(2.) BRIEFLY stated the facts giving rise to the revision are these:--The plaintiff non-applicant filed a suit in respect of the house in question against the applicant and non-applicant No. 3 (hereinafter referred to as the defendants) on the ground that the accommodation had become unsafe for human habitation and was required, bona fide by the landlord for carrying out repairs which could not be carried out without the accommodation being vacated. The fourth Civil Judge, class II, Gwalior decreed the suit on 24-2-1967 in the following terms:-

(3.) AGGRIEVED by the judgment and decree of the trial court the defendants filed appeal which was dismissed by the Second Additional District Judge, Gwalior who directed the defendants to hand over possession of the house to the plaintiff on or before 5-10-1966, It appears that by mutual agreement the time for delivery of possession of the house to the plaintiff was extended up to 1510-1966 and before that date the defendants handed over possession of the house to the plaintiff on 12-10-1966.