VIDHYADHARAN Vs. SIVADAS

JUDGEMENT

(1.) The order in E.P. 1103 of 1991 in O. S. 179 of 1984 on the file of the Munsiff's Court, Thiruvananthapuram, is under challenge in this Revision Petition.

(2.) In that E.P. filed for delivery of possession of the plaint schedule property on redemption of the mortgage, judgment debtors 2 and 3 contended that they are entitled to kudikidappu right in respect of the decree schedule property. The Executing Court referred the question of kudikidappu to the Land Tribunal for finding under S.125(3) of the Kerala Act 1 of 1964 as amended. The Land Tribunal, by order dated 9.8.99 in R. C. 26 of 1998 held that Judgment Debtors 2 and 3 are not entitled to kudikidappu right in respect of the decree schedule property.

(3.) The Execution Court, accepted the finding of the Land Tribunal and ordered delivery of the property to the petitioner / decree holder. Hence the judgment debtors 2 and 3 have preferred this revision petition before this court challenging that order.