RAHAMATHULLA Vs. RASOOL BIVI

JUDGEMENT

(1.) 14th respondent in E.P. No. 151 of 1993 in O.S. No. 165 of 1961 on the file of Additional District Munsif Court, Madurai Town is the revision petitioner herein.

(2.) SUIT is one for partition and preliminary decree was passed on 14.9.1962. Thereafter on 25.8.1967 final decree was also passed allotting decree holder/plaintiff "ADEF" plot in the Commissioner's plan measuring about 940 sq.ft of land. Present execution petition in E.P. No. 151 of 1993 was filed on 19.3.1993 for taking delivery of the property. Notice was issued to judgment-debtors. They took a contention that the execution petition is hopelessly barred by limitation and decree holder is not entitled to take possession.

(3.) AFTER dismissal of S.A. No. 187 of 1975, decree holder filed E.P. No. 439 of 1980 for getting possession of property. A suit happened to be filed as O.S. No. 798 of 1978 at the instance of tenant who was in occupation of the building for a decree of permanent prohibitory injunction restraining decree holder from executing the decree pursuant to the final decree. He also moved for interim injunction. E.P. No. 439 of 1980 could not be proceeded with in view of interim injunction granted in O.S. No. 798 of 1978 and same was dismissed on 14.12.1982. Suit in O.S. No. 798 of 1978 itself was ultimately dismissed from which there was an appeal as A.S. No. 206 of 1981 which was also dismissed. The matter was taken in second appeal in S.A. No. 1649 of 1982 and the same was also dismissed on 3.1.84