VENUGOPAL PILLAI Vs. KACHALEESWARAR DEVASTHANAM

JUDGEMENT

(1.) THIS revision is directed against the order of the district Munsif, Sholinghur, proclaiming for sale the properties attached.

(2.) THE plaintiff-Devasthanam, the respondent herein, obtained a decree against the revision petitioner for Rs. 912. 37 being the arrears of rent due by the revision petitioner to the plaintiff. THE respondent filed an application for execution for attachment and sale of immovable properties belonging to the revision petitioner. Notice under Order 21, rule 22 of the Code of Civil Procedure, was issued and that notice was received by the revision petitioner judgment-debtor on 8th September, 1980, and after some adjournments the revision petitioner represented to the Court that he is not filing any counter, whereupon the Court posted the application to enable the judgment-debtor/revision petitioner to pay the amount. THE petition was posted on 8th December, 1980, 17th December, 1980 and 24th December, 1980, but as no payment was made and as the petitioner remained ex parte, the Court made the order attaching the property. THE Court proceeded with the execution for sale of the properties. It is at that time the judgment-debtor/revision petitioner filed a counter-affidavit contending inter alia that several payments have been made towards the decree and that they have not been credited to, that he is also entitled to the benefits of section 3 of the Tamil Nadu Cultivating tenants Arrears of Rent (Relief) Act (XXI of 1972 ). THE executing Court took the view that as the revision petitioner has not objected to the execution at the time when he received the notice under Order 21, rule 22, Civil Procedure code, he cannot raise it at this stage as such pleas would be barred by the principles of constructive res judicata. In the end, the Court ordered further proceedings and "ordered proclamation for sale" and posted the matter to 23rd September, 1981. That order is now challenged by the revision petitioner.

(3.) IT would thus be seen that the facts of that case have no relation to the facts of this case.