1. This is defendant's appeal aggrieved by the judgment and decree dated 28.3.2006 in Civil Appeal No. 15-A12005 by Additional Judge to the Court is 1st Additional District Judge, Hoshangabad by which judgment and decree dated 31.8.2004 in Civil Suit No. 24-A12004 by Civil Judge Class 1, Itarsi was affirmed. The Court below decreed the suit of the plaintiff-respondent under section 12 (1) (e) and (h) of the M.P. Accommodation Control Act, 1961 (hereinafter referred to as "the Act"). This appeal was admitted on 28.6.2006 on the following substantial question of law:

"Whether in view of section 18 of the M.P. Accommodation Control Act, 1961, the decree under section 12 (1) (e) and (h) can be passed?" 2. Learned counsel for appellants submitted that the Court below erred in granting a decree under section 12 (1) (e) and (h) of the Act. Section 18 of the Act specifically provides re-entry of the tenant in the premises after repairs and rebuilding. The trial Court granted a decree under section 12 (1) (h) of the Act which specifically provides re-entry in the premises after the reconstruction while under section 12 (1) (e) of the Act, there is no such provision. Aforesaid bot