JUDGMENT - M.L. PENDSE, ATG.C.J.:---An interesting question as to whether the tenancy rights and the goodwill of running the concern can be attached in execution under Order 21 Rule 54 of the Code of Civil Procedure falls for determination in this appeal preferred by decree holder to challenge the order dated February 8, 1994 passed by executing Court on Chamber Summons No. 563 of 1991. To appreciate the question only few facts are required to be set out.

The appellants/decree holder instituted Suit No. 1975 of 1988 on June 7, 1988 for recovery of Rs. 5,83,828-50 inclusive of interest. The suit was instituted as a summary suit. And the defendants/respondents were granted conditional leave to defend on deposit of certain amount. The defendants failed to deposit the amount and consequently decree came to be passed on March 20, 1989. As the amount was not paid, except the sum of Rs. 54,391.29, the appellants preferred execution application No. 229 of 1989 on September 14, 1989. The appellants sought to attach goodwill and tenancy rights in the property situated at 336-A, 3rd floor, Kalbadevi Road, Bombay. The premises admeasuring about 2,000 sq.ft. was secured by the respondents on l

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