MANU NARANG Vs. AMINABAI ABDUL REHMAN

JUDGEMENT

(1.) Before going to the disputed facts, it will be necessary to point out certain facts which are admitted or not in dispute.

(2.) The plaintiff - Mrs.K.P.Bharucha filed RAE Suit No.1240 of 1977 for eviction and possession of one of the two garages situated at plot No.110, 30th Road, TPS III, Bandra, Bombay-50 against the original defendant - Abdul Rehman Pirsaheb. It was contended that the garage was let out to the defendant by the plaintiff s husband. The eviction was sought on several grounds, including failure to pay the arrears of rent inspite of notice.

(3.) The suit was contested by the original defendant and the suit came to be decreed by the judgment dated 1.10.1991. The original defendant preferred Appeal No.157 of 1991. Pending that Appeal, the original defendant-appellant died and his legal heirs who are respondents before this Court, were brought on record. They prosecuted that appeal. However, by the judgment dated 20.1.1995, that appeal was also dismissed. The Appeal Court granted time to vacate the garage upto 30.6.1995. However, being not satisfied, the appellants preferred Writ Petition No.1725 of 1995 challenging the decree for eviction and possession. That Writ Petition came to be dismissed on 11.8.1995. Thereafter, the said appellants filed Special Leave Petition before the Supreme Court. That Special Leave Petition was also dismissed in September 1995 and thus, the decree for eviction and possession became final. After the decree had become final, the original plaintiff - decree holder assigned the suit garage in favour of the applicant Nos. 1 to 3. The execution petition was filed on 24.8.1995 by the original decree holder. However, in the Execution Petition, names of the respondents who were appellants were not shown as the judgment debtors. In the Execution Petition, description of the suit property was given as motor garage, North Side, situated on plot No.110, 30th Road, TPS III, Bandra, Bombay-50 of entrance from 24th Road. ON the basis of that Execution Petition, warrant of possession as issued on 30.8.1995. With the help of the police, the warrant was executed and possession of the suit garage was given to the decree holder.