ALAGIRISAMY NAIDU Vs. DHARMARAJ NAIDU

JUDGEMENT

(1.) THIS civil revision petition is directed against the order in E. P. No. 85 of 1983 in O. S. No. 599 of 1982 on the file of District munsif, Tenkasi.

(2.) SHORT facts are: The revision petitioner had filed suit against the respondent and had obtained mortgage final decree. He filed e. P. No. 85 of 1983 for sale of the property in pursuance of the mortgage final decree. That was resisted by the respondent. He claimed that he is entitled to benefits of Tamil Nadu Act 50 of 1982 and so it must be deemed that the decree was discharged. Upholding the objections, the court below had held that the respondent was entitled to benefits of Act 50 of 1982 and had dismissed the execution petition. Aggrieved by the said order, the petitioner in the court below has come forward with this revision petition.

(3.) IN view of the above, the civil revision petition is allowed, setting aide the order of the court below in E. P. No. 85 of 1983. The trial court is directed to restore E. P. No. 85 of 1983 and proceed with it in accordance with law. No costs. .