Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1974 : Rule 25 Civil Procedure Code Tamil Nadu Buildings (Lease and Rent Control) Act 1960: Section 18 Tamil Nadu Buildings (Lease and Rent Control) Rules 1908 : Order 22 Rule 12 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Code of Civil Procedure, 1908 (5 of 1908) Tamil Nadu Buildings (lease and Rent Control) Act, 1960 (18 of 1960) |
Case Type | Special Leave Petition |
Court | Supreme Court of India |
Disposal Nature | Petition Dismissed |
Headnote | Rent Control and Eviction :Tamil Nadu Buildings (Lease and Rent Control) Act, 1960/Tamil Nadu Buildings (Lease and Rent Control) Rules, 1974 :Section 18 (as amended by Act 23 of 1973) and Rule 25-Execution of eviction petition-Filed within time-Death of decree-holder-lmpleadment application for bringing legal representatives on record-Objection by tenant that application not filed within time-High Court holding that under the Act, Rent Controller has to execute the eviction order as an order of Civil Court and thus not barred by limitation-On appeal, held, in view of section 18, the order of Rent Controller shall be deemed to be orders of Civil Court and execution petition becomes execution petition under the Civil Procedure Code-Thus, High Court justified in holding that Rule 25 not applicable to execution proceedings. Civil Procedure Code, 1908 : Order 22, Rule 12-Execution petition filed within time-Death of decree holder-Legal representative not brought on record-Whether amounts to abatement of the execution petition-Held, No-Execution petition remains pending on the file of the Execution Court-No time limit for bringing the legal representatives on record-Fresh petition can also be filed by legal representatives of decree holder or judgement-debtor. The father of the respondents successfully initiated eviction proceeding under the Tamil Nadu Buildings (Lease and Rent Control) Act, 1960. After filing an execution petition within time, the decree holder died on 27.2.1993. The respondents, legal representatives of the decree holder filed an interlocutory application for their impleadment as legal representatives of the decree holder on 26.4.1994. The said application was objected by the appellant-tenant on the ground that it was filed beyond a period of one month specified in Rule 25 of the Tamil Nadu Buildings (Lease and Rent Control) Rules, 1974 and was time based. The impleadment application was dismissed by Execution Court. The Revision Petition filed by the respondents was allowed by High Court on the ground that under Section 18 of the Act, the Rent Controller has to execute the eviction order, as if such order was an order of a Civil Court and hence there was no question of limitation. The review application filed by the appellant-tenant was dismissed. Hence the present appeal by the appellant-tenant. |
Judge | Hon'ble Mr. Justice M. Jagannadha Rao |
Neutral Citation | 1998 INSC 99 |
Petitioner | V. Uthirapathi |
Respondent | Ashrab Ali And Ors. |
SCR | [1998] 1 S.C.R. 937 |
Judgement Date | 1998-02-18 |
Case Number | 4421 |
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