(1.) The present Civil Revision Petition has been filed challenging an order passed by the Executing Court directing police protection to the decree holder to protect his possession of the property pursuant to a decree for permanent injunction.
(2.) The first respondent herein had filed O.S.No.82 of 2000 on the file of the Principal District Munsif Court, Kumbakonam, for the relief of permanent injunction. The said suit was dismissed by the Trial Court. The plaintiff had filed A.S.No.91 of 2002 on the file of the Additional Sub Court, Kumbakonam. The first appellate Court was pleased to reverse the judgment and decree and decreed the suit, as prayed for.
(3.) The decree holder had filed E.A.No.42 of 2011 before the Principal District Munsif Court, Kumbakonam, under Sec. 151 CPC alleging that the judgment debtor in violation of the permanent injunction, is causing disturbance to him and sought for police protection. The revision petitioner herein, as respondent, had filed a counter contending that the decree holder is not in possession of the property, but on the other hand, the judgment debtor continuous to be in possession of the property in the capacity of a cultivating tenant. The defendant had also placed on record an application submitted by him for registering himself as a cultivating tenant.