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1954 Supreme(Bom) 150

CHAGLA
Ushadevi Balwant – Appellant
Versus
Devidas Shridhar – Respondent


Advocates:
V.S. Desai, for Petitioner; V.M. Tarkunde, for Opponent.

Judgement

ORDER : - There was a compromise decree between the opponent, the landlord, and the petitioner, the tenant, on 16-9-1950. By this compromise decree the petitioner agreed to vacate the premises in suit on or before 31-1-1952. As she failed to do so, the opponent applied for execution on 1-2-1952, and the executing Court ordered possession. The petitioner contended that the compromise decree had created a fresh tenancy and that tenancy was protected by the Rent Act. That contention was rejected by the executing Court.

Against that decision the petitioner appealed to the District Court. The District Court dismissed the appeal. She came to this Court in revision and the revision application was also dismissed, and the High Court directed the executing Court to give effect to the warrant of possession which it had already issued. As the warrant of possession had expired, a fresh warrant of possession was issued by the executing Court and at that stage the petitioner contended that the decree was a nullity as the Court that passed the decree had no jurisdiction.

The trial Court rejected the contention of the petitioner. The petitioner appealed to the District Court. That appeal wa

















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