Rajbahadur Yadav and Others v. Rizvi Estates and Hotels Pvt. Ltd.

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2015 Supreme(Online)(Bom) 24

BOMBAY HIGH COURT
K. K. Tated, J.
Rajbahadur Yadav and Others v. Rizvi Estates and Hotels Pvt. Ltd.

Table of Content
1. preliminary overview and jurisdiction of the case. (Para 1 , 2 , 3 , 4)
2. arguments against the execution by subsequent purchasers. (Para 5 , 6 , 7)
3. legal reasoning for validity of execution by purchasers. (Para 8 , 9)
4. application of legal provisions to the case. (Para 10 , 11 , 12)
5. final decision on the right to execute the decree. (Para 13 , 14 , 15 , 16 , 17)

1. Heard the learned counsel for the parties.

2. The present Civil Revision Application is preferred by unsuccessful tenants challenging the order dt. 27/28.11.2008 passed by Appellate Bench of Small Causes Court at Bandra in Revision Application No. 60 of 2008 upholding the judgment and order of the Trial Court dated 3.12.2007 passed in Execution Application No. 2258 of 2006 in RAE Suit No. 1854 of 1970 whereby the Execution Application was allowed and respondent Company was allowed to execute the decree of eviction passed in the suit which is finally confirmed in Writ Petition No. 37 of 1992 and Special Leave Petition SC (D) 33479 of 2006.

3. The applicants herein are the heirs and legal representatives of the original deceased defendant no. 2 and respondents in Execution Application. The respondent