SYED JAMEEL ABBAS Vs. MOHAMMAD YAMIN ALIAS KALLU KHAN
LAWS(SC)-2004-4-92
SUPREME COURT OF INDIA
Decided on April 20,2004

SYED JAMEEL ABBAS Appellant
VERSUS
YAMIN KALLU KHAN Respondents

JUDGEMENT

R. C. Lahoti, J. - (1.) Leave granted in all the three SLPs.
(2.) The appellants are the landlords and the three respondents in the three appeals are three tenants in three shop-premises belonging to the appellants. Proceedings for eviction of the tenant-respondents were initiated by the landlord-appellants on the ground available under clause (h) of sub-section (1) of Section 12 of the M. P. Accommodation Control Act, 1961, hereinafter, the Act, for short, alleging the bona fide requirement of the landlords for the purpose of rebuilding the shops. The suit was decreed. As required by Section 18 of the Act, the Court appointed the time for vacating of the premises by the tenants accompanied by direction for reoccupation by the tenants after the premises have been rebuilt.
(3.) On 13-11-2000 the tenants vacated the premises and delivered possession to the landlords. One years time was allowed to the landlords for completing the rebuilding and offering the premises for re-occupation by the tenants. The landlords failed to honour their obligation of offering the shops for re-occupation by the tenants. The tenants initiated proceedings for restoration of possession and compensation for breach of obligation by the landlords. They succeeded from the Trial Court, the First Appellate Court as also from the High Court. Feeling aggrieved the landlords have filed these appeals by special leave.;


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