JOSEPH Vs. SATHYAPPAN

JUDGEMENT

(1.) The judgment debtor in O. S.36/74 which was originally pending before the Alleppey Sub-Court and pending execution in Shertallai Sub-Court, is the revision petitioner.

(2.) In execution of the decree six items of properties were sold in court auction and the decree holder purchased the same. The sale was confirmed on 20-11-1981. The sale certificate was issued on 29-6-1982.

(3.) The decree holder purchaser thereafter applied for delivery of the properties. The petitioner at that stage filed E. A. 28/90 wherein he raised the following contentions : The petitioner is entitled to get only 1/14 shares in the properties. That right alone was sold in public auction. The respondent thus has become the owner of the said right alone. As such the petitioner is only a coowner in joint possession with the other coowners. The decree holder auction purchaser therefore can get only a symbolic delivery and not actual delivery of khas possession of the properties including the building. In support of this contention, the petitioner produced a copy of the decree in O.S. 40/72 of the Alleppey Sub-Court.