SHIV DAYAL, C.M.LODHA, U.N.BHACHAWAT
BHAGWAN SINGH – Appellant
Versus
KALLO MAULA SHAH – Respondent
( 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:-
"the defendants Nos. 1 and 2 do place the plaintiff in vacant possession of the suit house by 24-2-1966 to enable them to do the repairs. After the defendants delivered possession as directed above the plaintiff do place the defendants in occupation of the suit house within one month of the completion of the said work. "
( 3 ) AGGRIEVED by the judgment and decree of the trial court the defen
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