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1983 Supreme(Guj) 54

A.S.QURESHI
BAI ANUPA GANPAT – Appellant
Versus
NARESHCHANDRA LALJIBHAI PATEL – Respondent


Advocates Appeared: S.K.BUKHARI, VIRESH C.DESAI

A. S. QURESHI, J.

( 1 ) ). This is a revision application filed by the petitioners who were the original obstructionists before the Execution Court in the execution application No. 402 of 1976 in the Small Causes Court at Ahmedabad. A decree of eviction was passed against the judgment- debtor Bhaiyalal Tantoya who was the original defendant No. 1 in the suit. Defendant No. 2 in the said suit was Ganpat Tantoya the younger brother of Bhaiyalal. Ganpat Tantoya died during the pendency of the suit. An application for bringing his heirs on the record of the case was filed beyond time and hence the same was rejected with the result that Ganpat Tantoya ceased to be a party in the suit and Bhaiyalal alone remained as defendant against whom eventually a decree of eviction was passed on the ground of non-payment of arrears of rent. When the said decree of eviction was sought to be executed the present petitioners who are the widow and minor children of the deceased Ganpat filed the obstruction application and contended that the said decree was not enforceable against them as Ganpat Tantoya who was the original defendant No. 2 had died during the pendency of the suit and his heirs who are the






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