JAGDISH RAMNARAIN Vs. NARAINBHAI MOTIBHAI VALAND

JUDGEMENT

(1.) This Revision Application arises out of distress warrant proceedings. The landlord applied under sec. 53 of the Presidency Small Cause Courts Act 1882 for issuance of a distress warrant in order to realise the arrears of rent amounting to Rs. 630.00. Registrar of the Court of Small Causes at Ahmedabad issued notice to the tenant to show cause why distress warrant should not be levied. The tenant appeared and contested the application. Thereafter the application was heard by the Court of Small Causes. By its order dated 23rd December 1977 it held that distress warrant could not be issued to attach movable property of the tenant lying not at the premises let out to him by the landlord but at some other premises. It also held that the tenant to whom the premises have been let out by the landlord cannot be made liable to distress warr- ant if he has been residing elsewhere. On these findings the learned Judge dismissed the application for issuance of distress warrant. It is that order which is challenged in this Civil Revision Application.

(2.) Mr. Vyas who appears on behalf of the landlord has invited my attention to sec. 57 of the Presidency Small Cause Courts Act 1882 which inter alia provides as follows :

(3.) In order to appreciate the contention which he has raised it is necessary to turn to sec. 53 which provides for making an application for distress warrant. It inter alia provides as follows :