A. THIRUVENGADASWAMY NAIDU Vs. C.T. NACHIAPPAN, MINOR THROUGH HIS FATHER AND GUARDIAN V.P.C.T. CHIDAMBARAM CHETTIAR AND ANR.

JUDGEMENT

(1.) THE important question of law that arises in this Civil revision petition is whether a person who purchases the property during the pendency of an eviction proceeding for wilful default in the payment of rent can be impleaded as a party to the proceeding.

(2.) ON the application by the vendee, the learned Subordinate Judge, Madurai, impleaded him as a party. In revision, the learned District Judge, Madurai, confirmed that order. Aggrieved by the order of the District Judge, the tenant has come up in revision to this Court.

(3.) IN Mohammad Ibrahim v. : (1947)2MLJ419 , this Court held that an order of the Rent Controller directing the tenant to put the landlord in possession of his house on the ground that the landlord desired to occupy the house himself was one for the personal benefit of the landlord, and was not capable of execution after the death of the landlord at the instance of his legal representatives. In Shah Dhanaraj Kantilal v. Additional Judge, Small Cause Court, Madras, (1949) 2 M.L.J. 28, a Bench of this Court observed that, after the death of a landlord, who had. applied for eviction on account of the tenant's default, the landlord's son was the landlord and it could not be said that the deceased landlord's son could not claim the benefit of the default which occurred during the lifetime of his father. In Shanmugham v. Satyanarayana Prasad, I.L.R. (1964) Mad. 354 :, (1964) 2 M.L.J. 96, Ramachardra Iyer, C.J., has observed, that, when a landlord obtains ah order for delivery of possession on the ground of demolition and reconstruction but sells the property, the order for eviction cannot be deemed to lapse, and the executing Court is bound to execute the order at the instance of the successor -in -interest of the landlord.