ABDUL SATHAR SAHIB Vs. ABDUL LATEEF SAHIB

JUDGEMENT

(1.) THE execution application out of which this appeal arises was filed by Abdul lateef Sahib the first defendant in O. S. No. 54 of 1949 on the file of the Cuddalore sub-Court under Order 21, Rule 35, C. P. Code for delivery of property as per terms of the decree against the appellants and some others.

(2.) THE final decree in the suit which was passed on 6-10-1958 was actually engrossed on non-judicial stamp papers only on 2-8-1960. The fortyfifth defendant in the suit who had purchased item No. 77 in execution of a decree against the second defendant Abdul Sahib (the first appellant herein) filed an application for amending the final decree praying for allotment of that item to him instead of the first appellant herein. The amendment was allowed by the learned Subordinate judge on 25-10-1962.

(3.) E. P. No. 43 of 1965 was filed by the first defendant respondent herein on 12th july, 1965 for delivery of the properties that were allotted to his share in the final decree.