1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO.600 OF 2007 IN EXECUTION APPLICATION NO.421 OF 2006 Avisnash Vishwanath Pendse .. Plaintiff Versus Jajiraj S/o.Udaram Vaswani .. Defendant and Santosh Manohar Kulapkar .. Applicant Mr.Sachin Chavan for decree holder Mr.Wajid I. Shaikh for applicant CORAM : S.C.DHARMADHIKARI, J. DATE : 23rd March 2009. P.C. . Heard learned Advocate. Perused the chamber summons, affidavit in support so also rejoinder. This is an application by the applicant for raising attachment on the property which is residential and which was in possession of the respondent in his capacity as tenant. 2 2. The applicant is landlord. The claimant is decree holder. Respondent suffers a decree in proceedings by the claimants as an Award was made in the Arbitration case which must be treated as decree of this Court in execution. 3. In execution the property was attached. That is how the instant application is filed by the applicant. The applicant is the landlord of the premises and he states that the respondent has already vacated the tenament/ premises. Respondent’s mother was a tenant of the said room. She expired. Respondent is her son. Respondent’s mother was the original tenant. The married daughter of original tenant who was residing with her husband in the said room, is also expired. 4. Respondent has surrendered the tenancy rights to the applicant and, therefore, the attachment is bad in law. 3 5. The attachment is levied by warrant of attachment dated 19th September 2006. However, the attachment is on 4th October 2006. It is apparent that the premises are residential. The respondent has no rights therein, as his mother was the tenant and she has expired. Respondent does not claim to be residing with her at the time of her demise. 6. In any event, the residential premises to which the Rent Control Legislation applies are out of the purview of attachment, as is evidenced by section 60(kc) of the C.P.C. In these circumstances and when all original documents are produced and duly inspected by the decree holders’ Advocate, then, the applicant is entitled to the relief claimed in the chamber summons. 7. Chamber summons is made absolute in terms 4 of prayer clause (a). (S.C.Dharmadhikari, J)