PATHUMA BEEVI DIED Vs. PATHAMUTHU JOHARAN

JUDGEMENT

(1.) THIS second appeal is filed by the 2nd respondent in the court of the Principal District Munsif, Karaikal in E. A. No. 155 of 1980 in e. P. No. 51 of 1980 in H. R. C. O. P. No. 90 of 1979.

(2.) THE 1st respondent herein obtained an order of eviction against the 2nd respondent in H. R. C. O. P. No. 90 of 1979. When the order was sought to be executed, the appellant herein obstructed. THE 1st respondent filed E. A. No. 155 of 1980 for removal of obstruction under 0. 21, Rules 97 and 98 of the Code of Civil Procedure. THE Principal District Munsif, Karaikal, granted the prayer and directed delivery of possession. THE appellant herein filed AS. No. 3 of 1981 on the file of the Sub Court , Karaikal. While dismissing the appeal on merits, the Subordinate Judge held that the appeal was not maintainable. THE present second appeal is against the judgment of the subordinate Judge. During the pendency of the second appeal, the appellant died and her legal representatives were brought on record as the 2nd appellant and 3rd respondent. THE 3rd respondent also died and his legal representatives have been brought on record as respondents 4 to 11.

(3.) LEARNED counsel for the 1st respondent placed reliance on the judgment of Natarajan, J. in S. Mohammad v. State of Tamil Nadu, (1985)2 m. LJ. 131. That was a case under the Tamil Nadu Act and the relevant provision authorised the Controller to pass orders in the stage of execution. That judgment will not apply to the present case.