DURAISWAMY NAICKER Vs. KALIAMMAL

JUDGEMENT

(1.) The plaintiff-decree holder in O.S.No.1386 of 1979 on the file of the Principal District Munsif, Kallakurichi has preferred this revision as against the order dated 11.2.1997 passed in E.P.No.726 of 1982 arising out of the above said suit.

(2.) The plaintiff obtained a decree against the defendants on 21.1.1982 in respect of money claim. The suit was filed in the year 1979 and decree was passed on 21.1.1982. During the pendency of the suit, The Tamilnadu Debt Relief Act (XIII of 1980) came into force and the defendants did not claim any benefit under the said Act. But however, when the plaintiff sought to execute the decree in 1982, the defendants-judgment debtors have resisted the execution proceedings on the ground that are entitled to the benefits conferred under the Tamilnadu Debt Relief Act (L of 1982).

(3.) The claim of the defendants-judgment debtors was accepted by the Executing Court and the Execution Petition was dismissed on 11.2.1997. Aggrieved by the same, the plaintiff-decree holder has preferred this revision.