Swarna kamal Chandra
(Querist) 26 March 2017
This query is : Resolved
We filed an ejectment suit, runned on ex-parte and decree was passed. One of the defendent/judgement debtor, who was a married daughter and who didnot resides in the suit premises died before passing the decree. As per sec 2(g) of the west bengal premises tenancy act 1997, married daughters who does not reside in the suit premises is not a necessery party. Will the decree as a whole be null and void? PLease reply.
Dr J C Vashista
(Expert) 27 March 2017
Case file is required to be inspected. However, file an execution of decree, it is valid till set aside by the Court on an application by defendant(s)/Judgment Debtor(s).
Consult your lawyer for proper appreciation of facts since Delhi Rent Control Act, 1958 do not have any such provision as mentioned in the instant query.