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BOMBAY HIGH COURT
Shri K. J. Rohi, J
Ashok Asandas Baherwani v. Ishwar Prakash Chopra
| Table of Content |
|---|
| 1. facts regarding contempt and tenant's breach of undertaking. (Para 1 , 2 , 3 , 4) |
| 2. arguments on legality of possession order and its implications. (Para 7 , 12) |
| 3. court's observations on the definition of decree and order in execution context. (Para 8 , 9 , 10 , 11 , 13) |
| 4. final ruling and implications of the applicant's breach. (Para 14) |
1. This revision is directed against the order dt. 17-2-1988 passed by Shri K. J. Rohi, Assistant Sessions Judge, Nagpur (In - charge Judge of the Small Causes Court, Nagpur) on Exh.1 in Small Cause Darkhast No. 103 of 1988, whereby the learned Judge directed the issue of warrant of possession.
2. The facts giving rise to this revision are rather unusual. The applicant is a tenant of house situated on plot No.3, Shirkey Layout, Chhaoni, Nagpur, since the month of April, 1985 on monthly rent of Rs. 1800/-. The non - applicant is the owner of the said premises and hence the landlord of the applicant. Since the applicant was not paying the rent regularly, the non - applicant applied for distress warrant before the Court of Small Causes, Nagpur, vide Application No. 14 of 1986 and the moveables belonging to the applicant came to be a
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