Decree passed against deceased defendent
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.
Kumar Doab
(Expert) 27 March 2017
Agreed with Dr. J.C.Vashista.
Swarna kamal Chandra
(Querist) 28 March 2017
already executed, but they again forcefully entered into the suit premises with the help of local gunds and political party
Dr J C Vashista
(Expert) 28 March 2017
If the decree was executed and possession was taken by the DH the EP stands satisfied and case was closed.
If the Defendant/JD has repossessed it is a separate/fresh cause of action which invite civil as well as criminal provisions of law depending upon the facts of the case.
Consult your lawyer for further opinion, guidance and proper proceeding.
