MATHAURDAS KARAMSHI NIRMAL Vs. JETHALAL BHAVANBHAI

JUDGEMENT

(1.) This revision seems to have been filed under Section 29(2) of the Bombay Rent Act by the tenant revisionist challenging the order of the Assistant Judge, Junagadh passed in Civil Revision Application No. 7 of 1984 on 10-1-1986.

(2.) The brief facts necessary for disposal of this revision are as under :- The plaintiff - respondent filed a Civil Suit No.670 of 1979 in the Court of Civil Judge (JD), Junagadh alleging that the revisionist was tenant in arrears in rent hence, decree for possession and arrears of rent etc. in relation to demised premises was sought. The case has chequered history . However, ultimately the parties to the suit arrived at consent terms and consent decree was passed vide Annexure-A. The plaintiff thereafter filed execution application No.19 of 1983 in the Executing Court for executing consent decree and prayed for possession of the suit premises besides other reliefs. The execution application was objected by the revisionist. However, the executing court rejected all those objections of the revisionist vide Annexure-B. Feeling aggrieved against the order of the executing Court, the revisionist filed Civil Revision Application No. 7 of 1984 in the District Court, Junagadh which was dismissed by the Assistant Judge on 10-1-1986Annexure-C. The present revision is directed against this order of the Assistant Judge, Junagadh.

(3.) Shri Arun H. Mehta, learned counsel for the revisionist and Shri P.C.Kavina representing the respondent were heard.