V.NIRMAL KUMAR ALIAS V.ROBERT NIRMAL KUMAR Vs. TAMIL EVANGELICAL LUTHERAN CHURCH REPRESENTED BY CHURCH COUNSEL TRICHY

JUDGEMENT

(1.) The petitioner is a third party in O.S. No. 377 of 2001 and E.P. No. 301 of 2005 on the file of the Sub Court, Pollachi, in a suit for possession. He claims to be the obstructor. The petitioner filed E.A. No. 290 of 2012 and sought for transferring the said execution petition to the District Munsif Court, Pollachi, on the ground that the said Court alone has got pecuniary jurisdiction over the suit property, in pursuant to the amendment made under Act 1 of 2004 to Tamil Nadu Civil Courts Act 1873 and Chennai City Civil Court Act, 1892. The said application was rejected by the Court below. Aggrieved against the same, the present Civil Revision Petition is filed by the petitioner.

(2.) The short facts for deciding the case are as follows:-

(3.) The plaintiff/respondent herein filed E.P. No. 301 of 2005 on the file of the Sub Court, Pollachi, which passed the decree, against the legal representatives of the defendant. The petitioner herein, as a third party, filed an application in E.A. No. 290 of 2012 and sought for transfer of the execution petition to the District Munsif Court, Pollachi by contending that he is the obstructor and the District Munsif Court, Pollachi, alone got jurisdiction to execute the decree in view of the enhancement of pecuniary jurisdiction on such court in pursuant to the Amendment Act, viz., Tamil Nadu Act 1 of 2004.