S. M. N. RAINA, J.

( 1 ) THIS is an application under Section 152 read with Section 151 of the Code of civil Procedure.

( 2 ) THE non-applicant filed a suit against the applicant for eviction on arrears of rent. The suit was decreed by the trial Court, and the decree was maintained in first as well as in second appeal. As eviction was sought under Clause (h) of Subsection (1) of Section 12 of the M. P. Accommodation Control Act. 1961, (hereinafter referred to as the 'act') on the ground that the accommodation was required for the purposes of rebuilding the house, the applicant was entitled to the benefit of the provisions of Section 18 of the Act. Section 18, reads as under:--

"18. Recovery of possession for repairs and re-building and re-entry.- (1) In making any order on the grounds specified in Clause (g)or Clause (h) of Sub-section (1) of Section 12, the court shall ascertain from the tenant whether he elects to be placed in occupation of the accommodation or part thereof from which he is to be evicted and, if the tenant so elects, shall record the fact of the election in the order and specify therein the date on or before which he shall deliver possession so as to enable the landlord. to commence the work of repairs or building or rebuilding, as the case may be. (2) If the tenant delivers possession on or before the date specified in the order, the landlord shall, on the completion of the work of repairs or building or re-building place the tenant in occupation of the accommodation or part thereof, as the case may be. within one month of the completion of such work. (3) If, after the tenant has delivered possession on or before the date specified in the order, the landlord fails to commence the work of repairs or building or re-building within one month of the specified date or fails to complete the work in a reasonable time or having completed the work, fails to place the tenant in occupation of the accommodation in accordance with Sub- section (2), the Court may, on an application made to it in this behalf by the tenant within such time as may be prescribed, order the landlord to place the tenant in occupation of the accommodation or part thereof or to pay to the tenant such compensation as the court thinks fit. "

( 3 ) UNDER Sub-section (1) of Section 18 the Code while making order of eviction on the grounds specified in Clause (h) of Sub-section (1) of Section 12 is bound to ascertain from the tenant as to whether he elects to be placed in occupation of the accommodation or part thereof from which he is to be evicted and if the tenant so elects the Court has to record the fact of election in the order and to specify therein the date on or before which he shall deliver possession to the landlord to enable him to commence construction work. Sub-section (2) provides that if the tenant delivers possession on or before the date specified in the order the landlord shall on completion of work of construction place the tenant in occupation of the accommodation within one month of the completion of such work.

( 4 ) IN the instant case the applicant having made the election the trial Court while passing a decree for eviction directed the applicant to handover vacant possession of the euit accommodation to the landlord on or before 21-5-1967. The learned additional District Judge while dismissing the appeal of the applicant directed the applicant to handover possession to the landlord (non-applicant) not later than 159-1967. This court while dismissing the second appeal of the applicant, however, failed to specify the date for delivery of possession by the applicant as required by sub-section (1) of Section 18 of the Act. The possession has since been delivered but the contention of the learned counsel for the applicant is that he Is very much prejudiced because no date was specified in the order of this Court with the result that he cannot claim the benefit of Sub-section (2) of Section 18 of the Act. He, therefore, prays that th

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