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1982 Supreme(Bom) 82

B.A.MASODKAR
Madanlal Mulchand Soni – Appellant
Versus
Mainkichand Dhanraj Gugle & another – Respondent


JUDGMENT - B.A. MASODKAR, J.:---The present petitioner filed Regular Civil Suit No. 780 of 1977 in the Court of the Joint Civil Judge (Junior Division), Ahmednagar. That Court made an order on November 21, 1980 issuing process to the Income-Tax Officer at the behest of the defendents though issuance of such a process was objected on behalf of the plaintiff. The said order made by the learned trial Judge was subjected to an application filed before the Second Extra Assistant Judge, Ahmednagar, purporting to be under section 29(3) of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947, hereinafter called "the Rent Act". The said Court dismissed the revision, holding that the same was incompetent. That order is under challenge in this Court and so also order made by the trail Court issuing the process to the Income-tax Officer.

2. An far as the tenability of the revision is concerned, it is undoubtedly clear that the provision of sub-section (3) of section 29 of the Rent Act do not provide for any such revision. Section 29 of the Rent Act deals with appeals. Sub-section (1) of section 29 of the Rent Act indicates, by Clauses (a) and (b), the decree and order against whic



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