M. KAMARAJ Vs. TATA TEA LTD. , KOLKOTA

JUDGEMENT

(1.) This Original Petition has been filed under Article 227 of the Constitution of India by the 2nd Judgment debtor in E.P.48/2016 in O.S.No.103/96 on the file of the Execution Court/Munsiff Court, Devikulam. The original petitioner urged the following points specifically in the Original Petition to be decided in this case:

(2.) Heard the matter in detail.

(3.) It is contended by the learned counsel for the petitioner, inter alia, that the petitioner suffered decree in O.S.103/1996 and the said decree was confirmed in A.S.No.55/2001 of Sub Court, Thodupuzha. According to the petitioner, though R.S.A.No.32/2004 was filed before this Court challenging the dismissal of A.S.No.55/2001, the same also was dismissed for default. The petitioner would contend further that the plaintiff/decree holder has no title to the schedule property and they have purchased the decree schedule building only during 2005 as borne out from Ext.P5 execution petition. It is submitted further that the Amin noted the number of the building, sought to be evicted, in deviation from the original building number shown in the decree schedule. This Original Petition was moved when delivery was ordered with aid of police, by the execution court to execute the decree passed in a suit of the year 1996.