HOMI JAMSHEDJI KHANSAHEB Vs. CHANDRAKANT ATMARAM LAMAGE

JUDGEMENT

(1.) This petition seeks to challenge a decree of the Court of Small Causes at Bombay by which a suit filed by the petitioners was dismissed. That decree of dismissal of the suit was subsequently confirmed by the Appellate Bench of the Small Cause Court and it is against this decree of the Appellate Bench of the Small Cause Court that this petition under Article 227 of the Constitution has been filed.

(2.) The first respondent in this petition is the owner of a building situated at Khetwadi Cross Lane, Bombay-400 004. In this building there is an apartment bearing Block No. 5 which was originally tenanted by one Jamshedji Khansaheb. The first respondent, hereinafter referred to as "the respondent", filed a suit, being R.A.E. Suit No. 4048 of 1965, in the Court of Small Causes at Bombay against the said Jamshedji Khansaheb for possession of the said apartment, hereinafter referred to as "the suit premises", on the ground that the said Jamshedji Khansaheb was guilty of arrears of rent warranting a decree for possession under section 12(3) of the Bombay Rents, Hotel and Lodging House Rates Control Act, hereinafter referred to as "the Bombay Rent Act". On 31st August, 1970 the said suit was decreed. However, in an appeal preferred by the original tenant the decree was set aside and the suit was remanded to the Court of first instance for fresh trial.

(3.) After remand the trial Court again decreed the suit by its judgment and order dated 13th June, 1973. This decree of possession of the suit premises was confirmed by the Appellate Court on 13th September, 1973. The respondent made an application for execution of the decree against the original tenant and in those execution proceedings the petitioners put up obstruction. It may be added at this stage that on 17th March, 1975 the original tenant Jamshedji Khansaheb expired and the petitioners are the heirs and legal representatives of the said Jamshedji Khansaheb. The respondent took out an obstructionist notice being Obstructionist Notice No. 436 of 1974, which was made absolute on 16th July, 1977. The petitioners thereafter have not been able to get rid of the decree which was originally passed against Jamshedji Khansaheb nor have they been able to get rid of the order making absolute Obstructionist Notice No. 436 of 1974.