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1979 Supreme(Guj) 61

S.H.SHETH
JAGDISH RAMNARAIN – Appellant
Versus
NARAINBHAI MOTIBHAI VALAND – Respondent


Advocates Appeared: KUMAR G.SHAH, P.B.MAJUMDAR, VYAS DHARMENDRA

S. H. SHETH, J.

( 1 ) THIS Revision Application arises out of distress warrant proceedings. The landlord applied under sec. 53 of the Presidency Small Cause Courts Act 1882 for issuance of a distress warrant in order to realise the arrears of rent amounting to Rs. 630. 00. Registrar of the Court of Small Causes at Ahmedabad issued notice to the tenant to show cause why distress warrant should not be levied. The tenant appeared and contested the application. Thereafter the application was heard by the Court of Small Causes. By its order dated 23rd December 1977 it held that distress warrant could not be issued to attach movable property of the tenant lying not at the premises let out to him by the landlord but at some other premises. It also held that the tenant to whom the premises have been let out by the landlord cannot be made liable to distress warr- ant if he has been residing elsewhere. On these findings the learned Judge dismissed the application for issuance of distress warrant. It is that order which is challenged in this Civil Revision Application.

( 2 ) MR. Vyas who appears on behalf of the landlord has invited my attention to sec. 57 of the Presidency Small Cause Courts





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