Manoranjitham vs M/S.Universal Fertilizer ...
2022 Latest Caselaw 558 Mad

Citation : 2022 Latest Caselaw 558 Mad
Judgement Date : 10 January, 2022

Madras High Court

Manoranjitham vs M/S.Universal Fertilizer ... on 10 January, 2022

                                                                    C.R.P.(NPD).No.2917 of 2021

                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                  DATED: 10.01.2022

                                                           CORAM:

                                  THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN

                                             C.R.P.(NPD).No.2917 of 2021
                                                        and
                                               C.M.P.No.20955 of 2021
                     Manoranjitham                                                .. Petitioner
                                                            Vs.

                     1.M/s.Universal Fertilizer Corporation,
                       A Registered Partnership Firm Rep by its
                       Managing Partner
                       P.Vijay Nataraj S/o.Periyasamy Gounder,
                       418 A, Suramangalam Main Road,
                       Pallipatty, Salem – 9.
                     2.Vimaladevi
                     3.Kavitha
                     4.Rajkumar                                                   .. Respondents
                     PRAYER: Civil Revision Petition filed under Article 227 of the
                     Constitution of India, praying to set aside the fair and final order dated
                     23.07.2021 in REA.No.1 of 2019 in REA.No.53 of 2012 in REP.No.581 of
                     2011 in RCOP.No.41 of 2001 on the file of IV Additional District Munsif
                     Court, Salem and allow the above Civil Revision Petition.
                                          For Petitioner     : Mr.R.Nalliyappan


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                     Page No.1/4


https://www.mhc.tn.gov.in/judis
                                                                      C.R.P.(NPD).No.2917 of 2021

                                                           ORDER

This Revision has been filed, by the judgment debtor, who is one of

the legal representatives of the deceased tenant, who had suffered an order

of eviction under the Tamilnadu Buildings (Lease and Rent Control) Act,

against the dismissal of the application seeking appointment of

Commissioner to note down the existence of the machinery and to identify

the rented premises.

2. The executing Court dismissed the same on the ground that such

exercise cannot be carried out in the execution proceedings. It was also

pointed out that there was no dispute regarding the identity of the property

and if there is excess execution, it is always open to the petitioner to move

the executing Court under the provisions of Order XXI of the Code of Civil

Procedure.