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1988 Supreme(Bom) 109

H.D.PATEL
Ashok Asandas Baherwani – Appellant
Versus
Iswarprakash Chopra – Respondent


JUDGMENT - H.D. PATEL, J.:---This revision is directed against the order dated 17-2-1988 passed by Shri K.J. Rohi, Assistant Sessions Judge, Nagpur (In-charge Judge of the Small Causes Court, Nagpur) on Exh. 1 in Small Cause Darkhast No. 103 of 1988, whereby the learned Judge directed the issue of warrant of possession.

2. The facts giving rise to this revision are rather unusual. The applicant is a tenant of house situated on Plot No. 3, Shirkey Layout, Chhaoni, Nagpur, since the month of April, 1985 on monthly rent of Rs. 1800/-. The non-applicant is the owner of the said premises and hence the landlord of the applicant. Since the applicant was not paying the rent regularly, the non-applicant applied for distress warrant before the Court of Small Causes, Nagpur, vide Application No. 14 of 1986 and the moveables belonging to the applicant came to be attached. At the relevant time the rent of Rs. 16,200/- was outstanding against him. Even thereafter the applicant failed to pay the rent and further outstanding arrears were to the tune of Rs. 9,000/-. Another application for distress warrant was also filed and that was registered as Application No. 85 of 1986. the goods belonging to





















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