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1985 Supreme(Bom) 277

K.MADHAVA REDDY, B.C.GADGIL, S.C.PRATAP
Ratanlal Chandiprasad Jalan & others – Appellant
Versus
Raniram Darkhan & others – Respondent


JUDGMENT - K. MADHAVA REDDY, C.J.:---This writ petition along with Writ Petition No. 3575 of 1982 has been referred to the Full Bench. The relevant facts in this petition are few. On 18-6-1977 a decree for possession was passed in Suit No. 5536 of 1970. It was a decree under the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 (hereinafter referred to as " the Bombay Rent Act"). Its execution was obstructed by the respondents Pabhar Madhu and others. There case was that the defendant tenant had put them in possession of the rented property under a leave and licence agreement dated 16-2-1968 and that this agreement was subsisting on 1-2-1973. By the Amending Act of 1973 such licensees have been protected and they become tenants. The executing Court accepted this contention. The appeal against this decision was dismissed on 19-3-1979. The decree-holders have filed Writ Petition No. 76 of 1980 against it.

2. In Writ Petition No. 3575 of 1982 ex parte decree for possession was passed on 17-12-1978 under the Bombay Rent Act. The execution of that decree was obstructed. The decree-holders took out obstructionist notice. The contention of the obstructionists (the petitio




























































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