KAMLABAI Vs. MANGILAL DUUCHAND MANTRI

JUDGEMENT

(1.) This appeal arises out of the judgment passed by the High Court of M. P. in Civil Revn. No. 176 of 1986, D/- 11-9-1986.

(2.) This matter arises out of execution proceedings. This execution case was filed by the present appellant against the non-applicant judgment-debtor claiming relief of possession of property including the Cinema Theatre known as Gajanan Talkies bearing House No. 57(209) in Ward No. 12 (new Ward No. 11) Chalapula on Nazul plot No. 72, Sheet No. 53-D, Khamgaon Teh. Khamgaon Distt. Buldhana with furniture etc. Against an order passed in this execution in favour of the decree holder the present appellant, the respondent judgment-debtor filed a revision petition before the High Court of Bombay at Nagpur. The revision petition was rejected and against that order a special leave petition was filed before this Court by its order dated 4-3-86 in Civil Appeal No. 842 of 1986 set aside the order of the High Court and observed that the High Court shall dispose of the revision petition afresh after hearing parties and giving reasons in support of the conclusions. It appears that at the time of hearing, a request was made by the learned counsel for the judgment-debtor present respondent which was also supported by the counsel for the other side for the revision being sent to some other High Court than the High Court of Bombay at Nagpur and consequently the revision petition was sent to the High Court of M. P. where the learned Judge of the High Court disposed of this revision petition by the impugned judgment and after obtaining leave from this Court the present appeal is before us.

(3.) The facts giving rise to this appeal are that the petitioners appellants are the landlords and the respondent admittedly are the tenants of the suit premises which is a cinema house along with furniture, fittings and other things.