NARAYANANRU Vs. KESHAVA KURUP

JUDGEMENT

(1.) This second appeal is preferred by the plaintiff and is directed against the decision of the District Court Alleppey in A.S. No. 67 of 1125 confirming the judgment of the Trial Court dismissing the suit. This appeal came up for hearing before Mr. Justice Joseph Vithayathil. It has been referred to a Division Bench as it was considered that the question of law involved necessitated the same. The said order of reference is as follows:-

(2.) The relevant Section in Act III of 1106 with which we are concerned is S.12 being to the following effect:-

(3.) In the result, the plaintiffs objection to the delivery is upheld. The plaintiff is not liable to be evicted in execution of the decree in O.S. 796 of 1110, the decree being not binding on him. The plaintiff is also entitled to a permanent injunction restraining the first defendant from taking delivery as per the court sale in the said suit. The lower courts decisions are set aside and the second appeal allowed as pointed out above. The appellant is entitled to his costs in all the courts.