K. GOPALRAO Vs. DEEPAK NIRANJANATH PANDIT

JUDGEMENT

(1.) The Applicants, the original Plaintiffs/Decree Holder have filed this Execution Application under Order XXI, Rule 11 (2) of the Code of Civil Procedure, 1908 (C.P.C.) and have prayed as under :

(2.) The Respondent did not surrender the possession till the judgment and decree dated 5th July, 2011 passed on an Application under section 24 of the Maharashtra Rent Control Act (the Rent Act). Therefore, whether this Application for execution of the order passed by the Competent Authority, invoking civil jurisdiction of this Court is maintainable

(3.) The provisions under the Rent Act are clear and so also the civil jurisdiction of the respective Courts. Section 47 is reproduced as under :