S.SAGHIR AHMAD, J.JAGANNADHA RAO
V. Uthirapathi – Appellant
Versus
Ashrab Ali – Respondent
Judgment
M. Jagannadha Rao, J.-We are disposing of this SLP by a reasoned order at the stage of admission, after condoning the delay. The SLP is preferred by the tenant against the order of the High Court of Madras in CRP 2272 of 1997 dated 19.9.1997 and the order dismissing the Review application No. 104 of 1997 dated 12.11.1997. The matter arises in execution proceedings under the Tamil Nadu Buildings (Lease and Rent Control) Act, 1960 hereinafter called the Act).
2. The eviction proceedings under the Act were started in 1982 by the respondents’ father in RCOP 17/1982. Eviction was ordered and the said order was confirmed by the appellate authority. The decree holder filed an execution petition (within time for filing an execution petition) but later he died on 27.2.1993. In the said pending execution petition, the respondents, who are the decree holder’s legal representatives filed an interlocutory application for their impleadment as the legal representatives of the decree holder, on 26.4.1994. The petitioner-tenant contended in the execution Court that the impleadment application thus filed in the main execution petition was time - barred as it was filed beyond the period of
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