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1990 Supreme(Bom) 400

A.C.AGARWAL
Mani Nariman Daruwala @ Bharucha Since deceased by his heirs and others – Appellant
Versus
Phiroz N. Bhatena and others – Respondent


JUDGMENT - ASHOK AGARWAL, J.:---Whether an obstructionist who fails to establish an independent right to possession can resist execution on the ground that the decree under execution is a nullity is the main question which arises for determination in this petition.

2. The premises in dispute consist of block D, situate on the 3rd floor of Contractor Building at Bai Awabai Kashinath Road, Bombay 400 034. The petitioners are the owners whereas one Nadirshaw P. Bathena was the tenant on a rent of Rs. 57.30 Ps. per month. The said Nadirshaw died on 15th November, 1971 leaving behind him Respondent Nos. 1 to 4 as his heirs and legal representatives. During the life time of Nadirshaw, the petitioners by a notice dated 6th November, 1969 terminated his tenancy. On 12th October, 1971 the said Nadirshaw permitted respondent Nos. 5 and 6 who are husband and wife to occupy a portion of the aforesaid premises viz. two rooms and the common user of the kitchen and W.C. The said licence was for a period of eleven months. The said licence was on a payment of compensation of Rs.325/- per month. The said Nadirshaw, as already pointed out, expired on 15th November, 1971. Hence, there was no occasion f


























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