HARJOT SINGH JASPAL Vs. KORAN GOVINDAN

JUDGEMENT

(1.) HEARD learned Counsel for the petitioner and respondent No. 1.

(2.) MR. Naphade, learned Counsel for petitioners has raised two-fold contentions :

(3.) I have considered the contentions raised by the learned Counsel for the petitioners and have also perused the impugned orders and the available relevant material placed on record. The respondent No. 1 herein Koran Govindan filed a suit for eviction against his tenant Hotel Horizon Private Limited in the Court of Small Causes at Bombay which was registered as R. A. E. Suit No. 528/1780 of 1984 on the ground of reasonable and bona fide necessity. The said suit after contest and on trial was decreed by the Court of Small Causes on 2nd March-1992. An appeal was carried against the judgment and decree by the tenant before the appeal bench of Small Causes Court and the judgment and decree for eviction was upheld by the appeal bench on 8-3-1994. Dissatisfied with the concurrent judgment and decree for eviction passed on the ground of reasonable and bona fide necessity by two courts, the tenant filed the writ petition before this Court. The writ petition too was dismissed on 8-8-1994. The tenant challenged the aforesaid orders in Special Leave Petition before the Apex Court, and, the Supreme Court also on 25-10-1994 dismissed this Special Leave Petition filed by the tenant. Thus, the decree for eviction passed against the tenant become final right upto the Apex Court. The decree-holder levied execution of that decree and since the obstruction was put by the present petitioners, the decree-holder took out obstruction notice which was registered as obstruction notice 30/94. The said obstruction notice was taken out under Order 21, Rule 97 and after recording the evidence, the Court below passed the order on 25th July-96 making the obstruction notice absolute. Aggrieved by the order passed by the trial Court on 25-7-96 the present petitioners filed appeal before the appeal bench and the appeal also met the same fate and the order passed by the trial Court was maintained. The said two concurrent orders making the obstruction notice absolute by the trial Court and said order have been upheld in appeal are subject matter of challenge in the said petition.