DHANRAJ BHUDDSINGH GUPTA Vs. DINESH PURSHOTTAM

JUDGEMENT

(1.) THIS Civil Revision Application arises out of an order passed by the Small Causes Court on 11th February, 2002 in three revision applications. The three revision applications sought to impugn an order passed by the Small Causes Court, dismissing three interim notices which were taken out on behalf of the applicant herein, raising objections to the execution of the decree for eviction under section 47 of the Code of Civil Procedure, 1908.

(2.) BRIEFLY stated, the factual background of the case is that a suit for eviction came to be filed in the year 1990 by the landlord and eviction was sought on the ground, inter alia, of a change of user and of sub-letting, these being statutory grounds which were available under the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947. The suit for eviction was decreed on 21st December, 1996 both on the ground of change of user and of sub-letting. The appeal which was filed by the applicant was dismissed on 25th February, 2000 and while dismissing the appeal, the Appellate Bench of the Small Causes Court stayed the operation of the decree until 23rd April, 2000 on the request of the tenant so as to enable him to espouse his remedies against the appellate order. A writ petition under Article 227 of the Constitution was filed in this Court on behalf of the applicant, being Writ Petition No. 3337 of 2000 which was dismissed on 11th October, 2000. This Court directed that the decree for eviction shall not be executed for a period of six weeks. There is no dispute about the fact that the judgment of this Court dated 11th October 2000, dismissing the writ petition was not challenged any further and that it has attained finality.

(3.) THE landlord, in whose favour the decree for eviction has been passed, moved the Small Causes Court to execute the decree. Three interim notices were taken out on behalf of the tenants by which objections were sought to be raised to the execution of the decree. These objections came to be turned down by the Small Causes Court on 26th September, 2001 and the Executing Court also allowed the application for execution. That order was challenged before the Small Causes Court in the exercise of its revisional jurisdiction and three revision applications, as already noted, have been dismissed on 11th February, 2002.