P.GOMATHI Vs. ABRAHAM INBARAJ

JUDGEMENT

(1.) THIS civil revision petition has been filed to direct the learned I Additional District Munsif, Tiruchirappalli, to take E.A.SR.No.1159/20.04.2011 in R.C.O.P.No.259 of 1990 on file and decide the same on merits and in accordance with law.

(2.) HEARD Mr.K.S.Shankar Murali, learned counsel appearing for the revision petitioner and Mrs.K.Angayarkanni, learned counsel appearing for the first respondent.

(3.) FROM the records, it is seen that the second respondent herein as the third respondent in the Execution Proceedings, has filed a memo stating that the first respondent is not a landlord. The petitioner herein filed the petition under Order 21 Rule 97(1) and (2) and Section 151 of C.P.C., as Obstructor. According to the petitioner, she was residing in the petition premises with her mother from 1993 onwards and after her mother's death, she is in possession as a tenant and is paying rent to the first respondent's son, who is the real landlord. She has filed various documents to prove her possession and claimed that she is the tenant. While the said petition being adjourned without being numbered, the learned Judge, on 23.04.2011, without notice to the petitioner, has ordered break open the petition premises and police aid for delivery of possession. The learned counsel for the petitioner has relied on the Judgment reported in : 2008 (1) MLJ 349 [Sheik Allaudin and Others Vs. Annibal Thamilarasi Jesintha], wherein at paragraph No. 5, it has been held as follows: -