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1984 Supreme(Bom) 288

R.A.JAHAGIRDAR
Virji Nathuram & others – Appellant
Versus
Krishnakumar alias Lala Shivgopal Shukla – Respondent


JUDGMENT - R.A. JAHAGIRDAR, J.:---This petition under Article 227 of the Constitution is by 14 persons who are obstructing the execution of a decree obtained by the respondent in a suit being F.A.E. R. Suit No. 124/856 of 1964 filed by the latter in the Court of Small Causes at Bombay. The said suit had been filed against Shivnarayan and Surajmal under the provisions of the Bombay Rents, Hotel and Lodging House Rates Control Act (hereinafter referred to as the "Bombay Rent Act") for possession of a plot of land which had been originally given to the aforementioned Shivnarayan under a registered lease deed dated 29th September, 1962. Under the said lease deed the respondent had prohibited the said Shivnarayan from sub-letting the plot without his prior permission, but a clause in the lease deed had permitted the said Shivnarayan to erect structures which he was allowed to let out to third parties.

2. The suit, however, had been filled on the ground, among others, that the said Shivnarayan was guilty of arrears of rent for more than six months and that the respondent was entitled to a decree under section 12(3) of the Bombay Rent Act. The trial Court passed a decree on 27th Novem









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Judicial Analysis

None of the cases listed explicitly indicate that they have been overruled, reversed, or otherwise treated as bad law. The provided references do not contain language or contextual clues suggesting negative treatment or judicial disapproval. Therefore, based solely on the information given, no case is identified as bad law.

Followed/Referenced:

The cases mention multiple references and subsequent decisions, such as (Virji Nathuram v. ... (Mohammad Shujat Ali ...)) and (Ram Krishna Dalmia ...), indicating they have been considered or followed in later judgments. For example, references like "reported in A.I.R. 1982 Bombay 17" suggest these cases have ongoing judicial relevance and have been cited in subsequent decisions.

The inclusion of multiple case citations and references to subsequent decisions (e.g., "and subsequent decisions, reported in A.I.R. 1982 Bombay 17") indicates these cases are part of the judicial dialogue and have been treated as relevant precedents.

Distinguished or Clarified:

The list does not explicitly mention any case being distinguished or explicitly criticized. However, the referencing of multiple cases in a sequence suggests judicial treatment where earlier cases may have been distinguished or clarified in subsequent rulings, but no explicit language confirms this.

Uncertain/Unclear Treatment:

The references are primarily citations without descriptive language about how each case was treated in later decisions. Without explicit comments such as "overruled," "criticized," or "distinguished," it is difficult to definitively categorize the treatment beyond noting they are cited in subsequent decisions.

The treatment pattern remains ambiguous due to the lack of contextual commentary or explicit judicial analysis in the list.

All three cases (Goregaon Malayalee Samaj VS Popatlal Prabhudas & Sons & others - 1987 0 Supreme(Bom) 241, Ramkrishna Girishchandra Dode and others VS Anand Govind Kelkar and others - 1998 0 Supreme(Bom) 782, Ramchandra Mahadev VS Padmakar Balkrishna Samant & others - 2000 0 Supreme(Bom) 447) lack explicit treatment indicators such as overruled, reversed, criticized, or distinguished. Their references to subsequent decisions imply ongoing relevance but do not clarify whether their legal principles are upheld, questioned, or modified.

Therefore, the treatment of these cases remains uncertain based solely on the provided citations and references.

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