R. PURUSHOTHAM MOHTA Vs. CHINNI SRIRAMULU CHETTY CHARITIES

JUDGEMENT

(1.) The Civil Revision Petition is filed challenging the Fair and Decreetal Order dtd. 19/12/2022 in E.A.No.7 of 2022 in E.P.No.3750 of 2019 in O.S.No.4037 of 2001.

(2.) The revision petitioner is the tenant / Judgement Debtor and the respondent is the landlord / decree holder. The respondent / landlord instituted Eviction Proceedings in the year 2001 in O.S.No.4037 of 2001.

(3.) It is not in dispute that the revision petitioner / tenant is in occupation of the subject premises for the past more than 35 years. The Suit decreed in favour of the respondent / landlord on 20/6/2005 and the Execution Petition filed by the decree holder was also allowed. Despite the fact that the decree was granted in favour of the respondent / landlord, he is unable to enjoy the fruits of the decree for the past about 17 years from the date of passing of the decree by the Competent Court on 20/6/2005. Finally, the revision petitioner filed the present E.A.No.7 of 2022 before the X Assistant City Civil Court, Chennai to refer the Execution Petition to Mediation. The Court dismissed the petition on the ground that the original decree was passed on 20/6/2005 in favour of the decree holder. Even then, the decree holder was not able to take possession of the property in lieu of the petition filed by the judgement debtor one after the other for the past about 17 years. The Court found that in the event of allowing such frivolous petitions, the right of the decree holder is infringed and accordingly, the petition was dismissed.