NALINI Vs. KURIAN

JUDGEMENT

(1.) The revision petitioners are the judgment debtors 2, 3 and 5 in C.A. No. 10 of 1984 of Land Tribunal, Alappuzha which was being executed in the Munsiff's Court, Kottarakkara.

(2.) The learned counsel appearing for the revision petitioners submits that the Munsiff's Court has no jurisdiction to pass the impugned order which directs payment of the amounts brought to Court under attachment to the decree holder subject to filing of a cheque application.

(3.) The prayer in O.A. No. 10 of 1984 aforementioned was for enhancement of ground rent payable by the revision petitioners. The Tribunal found that the rent was liable to be enhanced from Rs. 35/- per mensem to Rs. 108/- per mensem with effect from 9.3.1984. After dismissal of A. A. No. 60 of 1987 challenging the decision as also C. R. P. No. 1980 of 1989, the present respondents filed E.P. No. 31 of 1992 before the Munsiff's Court, Kottarakkara and got certain amounts attached and it was thereupon brought to Court. It was then that the respondents filed the cheque application and the impugned order allowing payment was passed.