CHANDRAKANT AMRUTLAL DAYARAM Vs. SURESHCHANDRA VRAJLAL CHEVALI

JUDGEMENT

(1.) THE petitioners have filed this petition under Article 227 of the Constitution of India praying for quashing and setting aside the order dated 6.8.1997 of issuing possession and jungam warrant in the name of Amratlal Dayaram, a dead person, in Execution Petition No. 19 of 1997 and also the order passed by the learned Extra Assistant Judge on 30.8.2003 in Civil Revision Application No. 11 of 1997.

(2.) THIS Court has issued notice on 26.12.2003. At the time of issuance of notice this Court has observed that even for the sake of arguments it is accepted that the day on which the execution petition against the judgment debtor was filed he was no more, but undisputedly, it is on record that on the date of decree, he was very well there. The death certificate produced by the petitioners on record confirms this fact situation. The learned Judge passed order of issuance of summons in the year 1997 and said order was challenged before the revisional authority under Section 29(3) of Bombay Rent Act in the year 1997 itself. The grievance of the petitioners is that vide order dated 30.8.2003, learned Extra Asstt. Judge, Surat has dismissed the Revision Application, but he ought to have held that the order of issuance of warrant is bad -in -law. Without entering into the merits of the contentions raised in the petition the Court has issued notice to the other side. The Court has also observed in the order on the basis of submission made by the learned Advocate appearing for the petitioner that possession was taken over by the respondents / ori. plaintiffs under the execution of warrant issued by the Court, but the other side should be prevented from demolishing the entire structure or from transferring it to any third party at least till the returnable date. The Court, therefore, directed the respondents to maintain status -quo as on that day i.e. 26.12.2003 qua the property in question which was in possession of the petitioner in the capacity of tenant till the returnable date.

(3.) IT is in the above background of the matter, the petition is taken up for final hearing.