S RAJESWARI Vs. S N KULASEKARAN

JUDGEMENT

(1.) This appeal by special leave is directed against the common judgment and order of the High Court of Judicature at Madras dated August 10, 2000 in Civil Revision Petition Nos. 138-143 of 2000. The appellant before us is one of the persons who obstructed the execution of decree obtained by respondent No. 1 herein. In view of the obstruction by the appellant herein, respondent No. 1 filed an application before the executing court under Section 151 of the Code of Civil Procedure praying for certain reliefs. The executing court rejected the said application holding it to be not maintainable. The order of the executing Court dated 22.11.1999 was challenged before the High Court in a revision petition filed under Section 115 of the Code of Civil Procedure. The said revision petition was allowed by the High Court by its impugned judgment and order.

(2.) We may notice only the facts necessary for the disposal of this appeal. One Mr. Nagoor was the original owner of land measuring 19.57 acres in plot Nos. 54 and 55 bearing survey No. l31/2A and 1A2 in Villivakkani Village, Chennai. The respondent No. 1 herein purchased land measuring 6 cents from one Mr. Robert who in turn had acquired the land under a deed of settlement dated 25.2.1967 from one Mr. John, who had purchased it from Mr. Nagoor on 26.11.1960. The purchase by respondent No. 1 was on August 6, 1969, It appears that the said Mr. Nagoor sold lands out of the said plot to others as well, one of them being Pakairaj to whom he sold 6 cents of land on 14.5.1981.

(3.) Respondent No. 1 filed a suit O.S. No. 1311/81 before the court of District Munsif, Poonamallee for declaration of title and for recovery of possession of 6 cents of land. He also prayed for permanent Injunction. Pakairaj was the defendant in this suit It appears that thereafter on 12.10.1985 Mr. Nagoor sold 6 cents to one Mr. Deva Aribu. The respondent No. 1 sought amendment and claimed declaration of title to 10 cents of land i.e. 4425 sq.ft. and later Mr. Nagoor was also impleaded as a party defendant.