N.K.Mody, J.

( 1. ) Being aggneved by the judgment dated 04/12/01 passed by Additional District Judge, Indore in Civil Regular Appeal No.30/01 whereby the order dated 28/02/01 passed by learned X Civil Judge, Class-II, Indore in MJC No.5/99 was set aside, the present appeal has been filed, which has been admitted by this Court on the following substantial question of law vide order dated 15/07/02-

1. Whether lower appellate Court was justified in reversing the judgment passed by the trial Court which had allowed the application made by appellant (tenant) under Section 18(3) of M.P. Accommodation Control Act?

2. Whether in the facts and circumstances of the case, appellant (tenant) has made out a case for grant of mandatory order as contemplated under Section 18(3) of the Act to be passed against the landlord?

( 2. ) Short facts of the case are that the respondent filed a suit for eviction against the appellant under Section 12(1)(a)(f) and (h) of M.P. Accommodation Control Act (which shall be referred hereinafter as an "Act") on 05/08/91 alleging that the appellant is tenant in the suit accommodation @ Rs 200/- per month. The suit was contested by the appellants on all the gro