TARADEVI GUPTA Vs. DEEPAK JAIN

JUDGEMENT

(1.) This is defendant's appeal aggrieved by the judgment and decree dated 28.03.2006 in Civil Appeal No. 15-A/2005 by Additional Judge to the Court of 1st Additional District Judge, Hoshangabed by which judgment and decree dated 31.08.2004 in Civil Suit No. 24-A/2004 by Civil Judge Class I, Itarsi was affirmed. The Court below decreed the suit of the plaintiff/respondent under Section 12(1)(e) and (h) of the M.P. Accommodation Control Act, 1961 (hereinafter referred to as "the Act"). This appeal was admitted on 28.06.2006 on the following substantial question of law:

(2.) Learned counsel for appellants submitted that the Court below erred in granting a decree under Section 12(1)(e) and (h) of the Act. Section 18 of the Act specifically provides re-entry of the tenant in the premises after repairs and rebuilding. The trial Court granted a decree under Section 12(1)(h) of the Act which specifically provides re-entry in the premises after the reconstruction while under Section 12(1)(e) of the Act, there is no such provision. Aforesaid both grounds are conflicting to each other and such decree could not have been passed by the Court below. It is further submitted that in case, premises are required for reconstruction then a decree under section 12(1) (e) of the Act is redundant, as such premises cannot be used for residential purposes because the plaintiff/respondent sought eviction for reconstruction of the premises. It is submitted that judgment and decree passed by the Court below may be set aside and the suit of the plaintiff/ respondent may be dismissed.

(3.) Sarvashree Vijay Nayak and D.K. Jain, learned counsel appearing on behalf of the respondent submitted that the controversy involved in the case has been settled by the Division Bench in T.R. Sah Vs. Smt. Kundan Kaur and others, 2006 1 JabLJ 20wherein the Division Bench held that such a decree can be passed. It is submitted by the respondent that this appeal does not involve any substantial question of law and may be dismissed with costs.