ABDUL WAHEED SAHIB Vs. A N NAINA MOHAMED

JUDGEMENT

(1.) ALL these revision petitions arise out of a common order passed by the District Munsif of Chidambaram in E.A. Nos. 148, 150, 152 and 154 of 1977 in O.S. Nos. 621, 622, 623 and 692 of 1968 respectively on the file of this Court.

(2.) THE question, which is of some interest raised for consideration in the revision petitions is whether on the face of the petitions filed under section 17, Civil Procedure Code, by the defendant, the executing Court is bound to consider whether the decrees in ejectment passed against the defendant are rendered non-executable by virtue of the provisions of the Tamil Nadu Cultivating Tenants Protection Act, 1955 (hereinafter referred to as Act XXV of 1955 read with the provisions of the Tamil Nadu Agricultural Lands Record of Tenancy Rights Act, 1969).

(3.) BY means of the abovesaid petitions, the petitioner contended before the Executing Court that by reason of his name being entered as a tenant in the Record of Tenancy Rights under Act X of 1969, the decrees passed against him in the suits have become null and inexecutable and consequently the executing Court must render such a finding and dismiss all the execution petitions. The learned District Munsif has repelled the contention and held that all the issues in question raised by the petitioner have already been considered and decided by the High Court in S.A. No. 696 to 699 of 1974 and as such the. applications are barred by res judicata and there are also no merits in them. Accordingly, the learned District Munsif dismissed all the applications and it is against such an order these revision petitions have been filed.