BHASKARAN Vs. SREEDHARAN

JUDGEMENT

(1.) Leave granted.

(2.) This appeal filed by the plaintiff is directed against the order passed by the kerala High Court in C. R. P. No. 1390/2000e, holding, inter alia, that the execution petition filed by the defendant no. 1 respondent herein, is not barred by limitation. The execution petition arose out of a suit for partition in which a compromise decree was passed on 18/10/1979. In the compromise decree, certain arrangement for distribution of the properties between the plaintiff and defendant no. 1 who are brothers was made. It was provided in the compromise decree that the defendant, respondent herein, shall pay a sum of Rs. 6250. 00 to the plaintiff, appellant herein, on or before 6/02/1980 and the plaintiff to execute the release deed in favour of the defendant. It was also provided that the plaintiff and his family can reside in the property for two months from the date of decree to enable them to obtain alternate accommodation. It was further provided that in case the first defendant did not pay rs. 6250/- to the plaintiff, the plaintiff can pay Rs, 5250/- to the first defendant and obtain the release of the rights of the first defendant. It appears that there was default on the part of both the parties inasmuch as the first defendant did not pay the amount of Rs. 6250. 00 to the plaintiff by 6/02/1980 and the plaintiff did not vacate the premises. This resulted in filing of two execution petitions by the parties, e. P. No. 63/80 by the plaintiff and E. P. No. 28/81 by defendant no. 1. the E. P. filed by the defendant no. 1 was dismissed by the executing court by its order dated 13/11/1981 and the said order remained unchallenged. The E. P. filed by the plaintiff was allowed by the executing court by its order dated 26/02/1983. The said order was challenged before the High court in revision wherein, the High Court took the view that the E. P. was premature and dismissed it as such-vide the judgment dated 1/11/1985. The special leave petition filed by the appellant against the said judgment was dismissed by this court on 4/04/1981.

(3.) Thereafter, the defendant no. 1 filed E. P. No. 6/99 on 18/01/1999. The plaintiff in his objection took the plea that the e. P. was barred by limitation. The plea was negatived by the executing court and the order for eviction of the plaintiff from the premises and for execution of the release deed in favour of the defendant no. 1 was passed on 17/06/2000. In the revision petition filed by the plaintiff, the High Court confirmed the order of the executing court. The order of the High Court is under challenge in the present appeal.