SIVALINGAM Vs. N. DAMODHARAN

JUDGEMENT

(1.) The civil revision petition is filed against the fair and decreetal order dtd. 23/6/2022 in unnumbered E.A.___/2022 (CFR No.1871) in E.P.No.86 of 2019 in O.S.No.652 of 2015.

(2.) The revision petitioners are the judgment debtor and the defendant in the Original Suit, which was filed by the respondent in O.S.No.652 of 2015 for recovery of possession of the Suit scheduled mentioned property. The Suit was decreed in favour of the respondent / plaint and the respondent being a decree holder filed E.P.No.86 of 2019. The Execution Petition was also allowed and more specifically, delivery was also ordered by the Execution Court. At that point of time, the revision petitioners filed E.A. under Sec. 47 and 151 of Code of Civil Procedure raising certain objections. The objections mainly raised by the revision petitioners are that there is finding in the judgment of the Trial Court in O.S.No.652 of 2015 that no tenant-landlord relationship existed between the plaintiff and defendants. Thus, the Trial Court has no jurisdiction to deliver judgment and decree and the Suit ought not to have been entertained at all. In view of the said observations, the Trial Court loses its pecuniary jurisdiction and thus, the decree is non-executable.

(3.) The Execution Court considered the said issues and elaborately discussed about the judgment passed in O.S.No.652 of 2015 and arrived at a conclusion that it is an observation made by the Trial Court and such an observation made in the judgment would not constitute a ground for the judgment debtor to invalidate the judgment and decree, which was otherwise passed on merits and in accordance with law.