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1976 Supreme(Guj) 18

A.D.DESAI
BAI HALIMA WD/o VALIMOHMED DOSTMOHMED (SINCE DECEASED BY HER HEIRS) – Appellant
Versus
MOHMEDBHAI RAJEBHAI – Respondent


Advocates Appeared: A.G.PATEL, S.B.MAJMUDAR, S.N.SHELAT

A. D. DESAI, J.

( 1 ) THIS revision raises an interesting question and the relevant facts are that the petitioners-original plaintiffs filed civil suit No. 270 of 1956 in the Court of Civil Judge (J. D.) Jambusar against the- opponent for possession of the suit premises on the ground that the suit premises were required reasonably and bona fide for occupation of the plaintiff No. 4. The said suit was compromised and the consent decree was passed on June 20 1957 As per the decree the opponent was to handover vacant possession of the suit shop to the plaintiff No. 4 on April 18 1960 Defendant failed to hand over possession and hence the petitioners filed Darkhast No. 73 of 1960 in the Jambusar Court but it was dismissed on the ground that the decree was a nullity. The petitioners appeal being appeal No. 48 of 1961 to the District Court succeeded and warrant for possession was issued. Against the said judgment the opponent preferred Second Appeal No 213 of 1962 in this- Court and it was held that the decree was a nullity. Letters Patent Appeal No. 5 of 1971 was dismissed by the Court on the ground that no such appeal lay. The petitioners therefore gave an application under sec. 151 in
















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