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2008 (1) TMI 826 - BOMBAY HIGH COURTWhether the respondents could have invoked the power conferred on them under section 269UE(2) of the Income-tax Act and other provisions to direct the petitioners to vacate the premises? Held that:- Admittedly, the petitioners have been claiming right in the suit flat as tenants pursuant to the proceedings initiated by them in the Small Causes Court. The petitioners had a decree in their favour on March 4, 1991. In the instant case, the judgment in C. B. Gautam [1992 (11) TMI 1 - SUPREME Court] would squarely apply. Once that be the case, the notice served on the petitioners under section 269UE of the Income-tax Act is clearly without jurisdiction and consequently the petition will have to be allowed. We may, however, make it clear that this would not prevent the respondents considering the observations in C. B. Gautam’s case [supra] to take steps which in law they are entitled to other than the coercive process under section 269UE for recovery of possession and any other relief.
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