K. BALAKUMAR Vs. M. S. SHANMUGAM

JUDGEMENT

(1.) This civil revision petition has been filed to set aside the fair and decreetal order dtd. 4/11/2023 in E.A.No.2 of 2021 in E.P.No.539 of 2018 by the XI Small Causes Court at Chennai.

(2.) The revision petitioner is the petitioner in E.A.No.2 of 2021 in E.P.No.539 of 2018 in RCOP No.1459 of 1988. The revision petitioner, challenging the execution petition in E.P.No.539 of 2018 in R.C.O.P.No.1459 of 1988, filed a petition in E.A.No.2 of 2021 under Sec. 47 CPC on the ground that he is in absolute possession and enjoyment of the premises as a owner.

(3.) The learned counsel appearing for the petitioner submitted that the property and premises consisting ground and first floor bearing Old Door No.27, New Door No.8, situated at Muthu Street, Purasawalkam, Chennai - 600 007 belonged to Narasammal, who is the adopted mother of the petitioner. The 1st respondent /Decree holder had allegedly purchased the property bearing Door No.27, situated at Muthu Street, Purasawakam, Chennai - 600 007 by public auction in mortgage suit. The 1st respondent/decree holder filed a suit in O.S.No.6473 of 1975 against his adopted mother namely Narasammal for recovery of possession only to an extent of 600 sq.feet consisting of two rooms and hall in the ground floor out of the property measuring to an extent of 1994 sq.feet including plinth area of 4440 sq.feet.