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2004 Supreme(SC) 528

R.C.LAHOTI, ASHOK BHAN
Syed Jameel Abbas – Appellant
Versus
Mohd. Yamin @ Kallu Khan Etc. – Respondent


JUDGMENT

R.C. Lahoti, J.-Leave granted in all the three SLPs.

2. The appellants are the landlords and the three respondents in the three appeals are three tenants in three shop-premises belonging to the appellants. Proceedings for eviction of the tenant-respondents were initiated by the landlord-appellants on the ground available under clause (h) of sub-Section (1) of Section 12 of the M.P. Accommodation Control Act, 1961, hereinafter, the Act, for short, alleging the bona fide requirement of the landlords for the purpose of re-building the shops. The suit was decreed. As required by Section 18 of the Act, the Court appointed the time for vacating of the premises by the tenants accompanied by direction for reoccupation by the tenants after the premises have been rebuilt.

3. On 13.11.00 the tenants vacated the premises and delivered possession to the landlords. One year s time was allowed to the landlords for completing the rebuilding and offering the premises for reoccupation by the tenants. The landlords failed to honour their obligation of offering the shops for reoccupation by the tenants. The tenants initiated proceedings for restoration of possession and compensation for breach o














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