MAKBULNISA FADRUDDIN AND ANOTHER Vs. SAIYAD SADRUDDIN SAIYADALI

JUDGEMENT

(1.) This revision application arises from execution of a decree for, possession, under Bombay Rent' Act. Against the order passed by the executing court, the petitioners judgment creditors had preferred an appeal to the District Court. However, that appeal came to be dismissed on the ground that it was not maintainable and, therefore, this revision application was preferred against the order of the executing court. Initially, Second Appeal was preferred against the judgment of the executing court as well as that of the District Court. However, it has been converted into Civil Revision Application wherein the order of the executing court only was challenged. By the amendment, which has been granted, the order of the lower appellate court is also challenged. In view of the Full Bench decision in the case of Prabhaskanker S. Joshi v. F. K. Parmar, 1984 GLH 662, appeal from orders in execution are maintainable in cases where the suit and decree are under the Bombay Rent Act having regard to the scheme of the Act and the Rules. In that view of the matter the appeal before the District Court was maintainable and the District Court was clearly in legal error in dismissing the same on the ground of the appeal not being maintainable. That is the view taken by the Full Bench.