R. SUJATHA Vs. SUMATHI

JUDGEMENT

(1.) This matter is taken up for hearing through Video-Conferencing. This Second Appeal is at the instance of a third party to the suit in OS No.438 of 1998. The said suit was filed against three defendants for recovery of possession by the first respondent herein after terminating the tenancy.

(2.) The suit was resisted by the tenants. The learned District Munsif, Cuddalore dismissed the suit by his judgment and decree dated 28.09.2004. Upon Appeal by the plaintiff in AS No.87 of 2004, the Sub Court, Cuddalore, reversed the judgment and decree of the learned District Munsif and decreed the suit. A Second Appeal was filed by the defendants in SA No.69 of 2006 which came to be dismissed by this Court on 06.06.2012. Thereafter, nearly after 14 years of the institution of the suit, the landlord preferred EP No.1 of 2013 for delivery of possession.

(3.) Pending the Execution Petition, the appellant who also happens to be the daughter of the second defendant in the suit viz., Pazhaniammal, filed the instant application under Order 21 Rule 97 of the Code of Civil Procedure, objecting to the execution of the decree claiming that her father was a tenant in respect of the property right from the year 1975 and in 2013 she has purchased the super structure from one Amirtha Ganesan, who, according to her, is the adopted son of the original tenants Leelavathi and her husband Murugayyan.