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PETITIONER: B. V. PATANKAR AND OTHERS
Vs.
RESPONDENT: C. G. SASTRY
DATE OF JUDGMENT: 08/09/1960
BENCH: KAPUR, J.L. BENCH: KAPUR, J.L. SINHA, BHUVNESHWAR P.(CJ) GAJENDRAGADKAR, P.B. SUBBARAO, K. WANCHOO, K.N.
CITATION: 1961 AIR 272 1961 SCR (1) 591 CITATOR INFO : R 1967 SC1193 (12) R 1980 SC 214 (12) RF 1991 SC1094 (4,5)
ACT: Rent Control-Restrictions against eviction of tenants-Decree for possession of house-Delivery given in the absence of tenant-Executing Court ignoring restrictions-Legality- Repugnance Mysore House Rent and Accommodation Control Order, 1948, ss. 9 and 16 and Transfer of Property Act, 1882 (Act IV of 1882),Code of Civil Procedure (Act V of 1908) ss. 47, 151.
HEADNOTE: The appellants in execution of a decree passed in their favour for possession over a house obtained possession thereof on July 22, 1951. The order for delivery of possession was made without notice to and in the absence of the respondent. The respondent made an application in the Executing Court under ss. 47, 144 and 151, Code of Civil Procedure for setting aside the ex-parte order of delivery and for redelivery of possession of the house to him or in the alternative, for an order to the appellants for giving facilities for removing the moveables from the house. The Executing Court upheld the contention of the appellant that...