ASHOK CHINTAMAN JUKER Vs. KISHORE PANDURANG MANTRI

JUDGEMENT

(1.) Leave granted.

(2.) One Chintaman Keshav Juker was the tenant in respect of the suit premises, described as No. R/o. 6, Mantri Building, Ground Floor, Bhendi Lane, Gamdevi, Bombay. He died in the year 1958 leaving two sons, Kesrinath Chintaman Juker (appellant No. 1 herein) and Ashok Chintaman Juker. Ashok was then a minor. After the death of Chintaman the rent bills (rent receipts) were issued in the name of Kesrinath. Kesrinath died in 1981. Thereafter the rent bills were issued in the name of his widow Smt. Kishori Kesrinath Juker (respondent No. 2 herein). Kishore Pandurang Mantri the landlord (respondent No. 1 herein) filed the suit for eviction against respondent No. 2. The parties settled the dispute and the suit was disposed of in terms of the said settlement by the Order dated 31-1-1994 which reads as follows: ORDER Both plaintiff and defendant along with their respective advocates are present. Both plaintiff and defendant admits the contents of the consent terms as well as their respective signatures. Therefore, the Consent Terms are taken on record and marked Ex. A."

(3.) The decree was drawn up incorporating the terms of the settlement. The respondent No. 1 filed the petition for execution of the decree dated 31-1-1994 in which a warrant of possession was issued on 23rd November, 1994. The appellants filed objection against the execution of the decree which was registered as Notice No. 66 of 1994.