The tenant's right to be restored to possession under Section 18 (3) of the Madhya Pradesh Accommodation Control Act, 1961, is an indefeasible option that cannot be defeated by an order of compensation passed by the Court.

( 1 ) THE crucial provision, of which interpretation is in issue, in this case, of the Madhya Pradesh Accommodation Control Act, 1961, for short, the Act, deserves to be quoted, at the outset, in extenso :"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 re-building, 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 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. "

( 2 ) HOWEVER, it is necessary also to keep in view relevant primary provisions of the Act directly relatable to the right contemplated under Section 18 (3) aforequoted. Those provisions are to be read in clause (h) of Sub-Section (1) and Sub-Section (7) of Section 12, but I would extract Sub-Section (7) at appropriate stage. What follows below is Section 12 (1) with relevant clause (h) --"12. Restriction on eviction of tenants - (1) Notwithstanding anything to the contrary contained in any other law or contract, no suit shall be filed in any Civil Court against a tenant for his eviction from any accommodation except on one or more of the following grounds only namely : clauses (a) to (g) - not relevant. . . . (h) that the accommodation is required bona fide by the landlord for the purpose of building or re-building or making thereto any substantial additions or alterations and that such building or alterations cannot be carried out without the accommodation being vacated".

( 3 ) THE respondent had filed a suit for appellant's eviction, which was decreed in Courts below on more than one ground. Finally, that matter was disposed of by this Court on 16-12-1978 in Second Appeal No. 41 of 1971 sustaining the order of ejectment of appellant in terms of Section 12 (1) (h) of the Act, with the direction undermentioned :"it is further directed that the plaintiff-landlord shall commence reconstruction within one month from the date of delivery of possession and shall complete it within a reasonable time. Because the tenant elects to re-occupy the premises the subject matter will thereafter be governed by the provisions of S. 18, if the plaintiff landlord fails to comply with the provisions of Sub-Sec. (2) and Sub-Sec. (3) of S. 18 of the Act. "

( 4 ) WHAT is not disputed is that in January, 1979, the judgement-debtor/tenant, herein the appellant, delivered possession of the suit premises in compliance with the direction aforequoted. After four years had passed, the decree-holder/landlord, herein the respondent, having taken no steps to commence reconstruction of the suit house, the instant appellant made an application in the Executing Court under provisions of Section 18 of the Act for rest