Manoranjitham vs M/S.Universal Fertilizer ...
2022 Latest Caselaw 564 Mad

Citation : 2022 Latest Caselaw 564 Mad
Judgement Date : 10 January, 2022

Madras High Court

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

                                                                    C.R.P.(NPD).No.2915 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.2915 of 2021
                                                        and
                                               C.M.P.No.20952 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 03.09.2021 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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https://www.mhc.tn.gov.in/judis
                                                                        C.R.P.(NPD).No.2915 of 2021

                                                            ORDER

This Revision is filed by one of the legal representatives of the

judgment debtor who died after the order of eviction had become final.

2. The decree holder/ landlord sought to execute the decree for

eviction in RCOP.No.581 of 2011. The petitioner, who is the wife of the

deceased judgment debtor, had filed the application under Section 47 of the

Code of Civil Procedure seeking a prayer that the respondent is not entitled

to excess execution than the property leased to the petitioner under the rent

deed dated 26.04.1979.

3. The executing Court rightly rejected the application stating that the

prayer sought for does not come within the scope of Section 47 of the Code

of Civil Procedure viz., issue relating to execution, discharge and satisfaction

of the decree. The Hon'ble Supreme Court has held that the grounds of