AIR 1998 SUPREME COURT 1168 ::1998 AIR SCW 985 ::1998 (2) ADSC 352 ::1998 SCFBRC 60 ::1998 BomRC 327 ::(1998) 1 Scale 648 ::1998 (1) CurCC 135 ::(1998) 1 CTC 509 (SC) ::1998 (1) CTC 509 ::(1998) 1 Mad LW 697 ::1998 (2) MadLJ13 ::1998 (1) RenCR 340 ::(1998) 1 RentLR 129 ::(1998) 4 SCJ 234 ::(1998) 1 SCR 937 (SC) ::1998 (1) SCR 937 ::1998 (1) RenCJ 294 ::1998 (3) SCC 148 ::1998 (2) Supreme 33 ::(1998) 2 JT 55 (SC) ::1998 (1) CurLJ(CCR) 602 ::1998 (2) JT 55 ::1999 (2) SRJ 278

Supreme Court Of India

(From : Madras)

Hon'ble Judge(s): S. Saghir Ahmad, M. Jagannadha Rao , JJ

Tamil Nadu Buildings (Lease and Rent Control) Act (18 of 1960) , S.18— Eviction - Execution - Death of decree holder or judgment-debtor - Does not result in abatement of execution petition - Rent Controllers Court can fix reasonable time for bringing LRs on record - R. 25 of Rules made on 28-10-1974 fixing period of limitation for bringing LR's on record - Not attracted. Civil P.C. (5 of 1908) , O.21, O.22 R.12— Section 18 attracts O. 22, R. 12 also and not merely O. 21, CPC. If the execution petition was initially filed in time, (that is within the time limited for filing execution petition) is remains to be pending even if the legal representatives are not brought on record within 30 days. If the decree holder dies, the petition cannot be dismissed even for default, behind the back of his legal representatives. Again if the judgment debtor died and the decree holder does not bring the legal representative on record, the Court could fix reasonable time and if the legal representatives of the judgment debtor are not brought on record within the time granted by Court, the execution petition could be dismissed for default. Case law discussed.(Para 26 27) @page-SC1169 If after the filing of an execution petition in time, the decree holder dies and his legal representatives do not ....