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1976 Supreme(Guj) 31

C.V.RANE, S.H.SHETH
BALKRISHNA SAKALCHAND SHAH – Appellant
Versus
MOHAMED IKBAL MOHMED HUSEN – Respondent


Advocates Appeared: G.P.Vyas, K.K.TRIVEDI, R.N.SHAH

S. H. SHETH, J.

( 1 ) THIS Revision Application raises an important ques- tion as to the procedure to be followed by the Court of Small Causes at Ahmedabad while issuing distress warrant under Chapter VIII of the Presidency Small Cause Courts Act 1882

( 2 ) THE facts of the case are as under: landlord Mohamed Ikbal who purchased the property on 10th April 1970 from its earlier owner Gunvantiben widow of Shantilal Kalidas and others applied for issue of a distress warrant against the tenant Balkrishna for recovering the rent due for a period of 10 months and 20 days after Balkrishnas tenancy was attorned by Gunvantiben and others in favour of Mohamed Ikbal. The Registrar of the Court of Small Causes at Ahmedabad issued the distress warrant. When the bailiff went to levy it the tenant requested him to grant him some time in order to enable him to collect the monies and to deposit in the Court. The bailiff gave him a few days time. Next day the tenant made an application to the Registrar of the Court of Small Causes in which he alleged that the distress which his landlord Mohamed Ikbal had obtained against him was excessive and illegal. The Registrar held an inquiry and found that Moham








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