SHAMA PARVESHCHANDRA BATRA Vs. HAJABAI C RANAVAT

JUDGEMENT

(1.) THIS is a classic sample of litigation arisen from execution proceeding under Order 21 of Civil Procedure Code. In this matter, ex-parte decree passed by the City Civil Court. Bombay in Summary Suit No. 1853/65 where one Shri Chunilal Hajarimal Ranavat obtained a money decree against one Shri Hassan Parisian Hoosein. As the said judgment-debtor Hassan Parisian Hoosein had failed to pay the decretal amount, the property known as "duke of York Stores and Restaurant " situated at 150, Colaba Chambers, Bombay proclaimed to be sold in public auction under the Courts order. The public auction sale of attached property was held on 4-4-1966. The respondents Nos. 9 and 10 being the highest bidders have purchased the said property for Rs. 78,000/ -. A sale certification was issued in favour of respondents Nos. 9 and 10 by the City Civil Court, Bombay on 23-9-1968. A Chamber Summons taken out by the judgment-debtor Shri Hassan Parisian Hoosein for setting aside the auction sale of "duke of York Store and Restaurant" also came to be dismissed by the Court on 23-7-1968.

(2.) HOWEVER, it reveals from the record that the said 150, Colaba Chambers alongwith other properties were belonging to a former stores Sir Currimbhoy Ibrahim. Trust vested in the official trustee of the Maharashtra State and the judgment-debtor Shri Hussain Parisian Hoosein was a tenant of the said premises, situated at 150, Colaba Chambers, Bombay, and he was running "duke of York Stores and Restaurant" in partnership with one Mirza Nassurulla since 1954. It reveals that the said property, situated at 150, Colaba Chambers, Bombay alongwith other properties declared to be an evacuee property by the Supreme Court in 1978 and since then, the said property came into the administration of Custodian of Evacuee Property-cum-Settlement Commissioner.

(3.) IT reveals that a writ of possession was issued against the judgment-debtor Hussain P. Hoosein on 31-10-1968 in favour of the auction purchasers i. e. respondents Nos. 9 and 10. However it reveals that the writ of possession was obstructed by different occupants of Flat No. 16 at various stages by filing the suits in the courts of Law. The last suit being Suit No. 1879/70 filed by one Mirza and Kasil in Bombay City Civil Court came to be dismissed on 3-7-1981. Several orders passed in the Court proceedings are on record.