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Mhatre sunil   09 October 2018

execution of decree when structure is demolished

plaintiff is a landlord and dependent is tenant under Bombay rent act. Bombay small cause court passed decree in favour of plaintiff in the ground of non usage of suit premises in 2009. it i s ex-party decree. order says notice before execution. meanwhile plaintiff died so in the year 2018 LRs of plaintiff made an application for execution of decree. notice is served through Baillief. as defendant does not live there so the Baillief report the court that J.D. is not available and premises is demolished. my advocate says now execution is difficult as suit premises is demolished. so how can I execute the decree? and pl give me any rulling in such cases.


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