K. CHANDRASEKARAN Vs. K. SHYAMALAMBA (DIED)

JUDGEMENT

(1.) The present Revision is preferred by a Third party to an Ejectment Suit in O.S. No.2 of 1988 on the file of the Registrar, Small Causes Court, Chennai, challenging an Order dismissing his Petition in E.A. No.34 of 2015 filed under Order 21, Rule 97, C.P.C.

(2.) The facts that led up to the institution of the present Revision Petition may be briefly stated:

(3.) Mr. AR.L. Sundaresan, the learned Senior Counsel appearing for the Revision Petitioner submitted that the Execution Court has misconceived the vesting of right to the property when it held that the Sale Deeds obtained by the Revision Petitioner are incapable of vesting the right in presenti, and that vesting of right is postponed till the Lease in favour of the Lessee is expired. While vesting of title of the Lessors in favour of their Purchasers happens in presenti, and the physical enjoyment of the property under Lease might have to wait till after the expiry of the Lease period, which the Execution Court ignored.