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 la

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