KANNU GOUNDER Vs. NATESA GOUNDER

JUDGEMENT

(1.) THIS Civil Revision Petition is directed against the order dated 29-8-2003 made in E. P. 186/99 in O. S. 696 of 1984 on the file of Additional District. Munsif, Vellore.

(2.) THE Revision petitioner is the defendant/judgment debtor. The respondent/plaintiff obtained a decree in O. S. 696/84 and the decree in his favour was confirmed in A. S. 81/99, Pursuant to the same, the decree-holder filed an execution petition for delivery of the suit property.

(3.) THE revision petitioner objected the delivery of possession by filing a counter wherein he has stated that the plaintiff obtained a decree for mandatory injunction and that has got to be executed within a period of three years from the date of decree as per Article 135 to Indian Limitation Act and the decree was passed on 18-12-1991 and the second appeal was dismissed on 29-9-95. But, the Execution Petition was filed on 1-7-99 which is beyond the period of three years. Therefore, the plaintiff/decree-holder is not entitled to have delivery of possession after removing the building constructed in the suit property as the decree for mandatory injunction was not executed within a period of three years. The said contention was negatived by the Court below and Execution Petition was ordered. Aggrieved by the same, the defendant has preferred the Civil Revision Petition.