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2004 Supreme(Online)(SC) 64

SUPREME COURT
, J
BALVANT N. VISWAMITRA AND OTHERS v. YADAV SADASHIV MULE (DEAD) THROUGH LRS. AND OTHERS


1 The present appeal is directed against the judgment and order passed by the High Court of Bombay on 14-1-1998 in Civil Writ Petition No. 3384 of 1986. By the said order, a Single Judge of the High Court, while exercising supervisory jurisdiction under Art.227 of the Constitution, held the decree sought to be executed against the petitioners, respondents herein, as void ab initio.

2 To appreciate the controversy raised in this appeal, a few relevant facts may be stated:
There was a piece of land bearing Survey No. 888 admeasuring 85 x 35 sq feet at Village Kanjur, Bombay. The land was let out by Nagendra Vishwamitra, father of the appellants to one Papamiya. The said Papamiya constructed a hut over the land and was paying rent to the landlord. It was the case of the landlord that the tenant did not pay rent regularly and was in arrears of rent from 1-11-1963 to 31-10-1976 i.e. for 13 years. Since Papamiya died, proceedings were initiated against heirs of deceased Papamiya. According to the appellants, a notice was issued to heirs and legal representatives of Papamiya terminating the tenancy by registered post but the heirs could not be served and the notice came back. Again, a notic












































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