SELVAMBAL AMMAL Vs. VENKATARAMA CHETTIAR

JUDGEMENT

(1.) THIS appeal is preferred by the decree-holder against the order of the courts below allowing the application E. A. No. 406 of 1961 filed by the judgment-debtorrespondent for recalling the delivery warrant and for dismissing the E. P. No. 332 of 1961 filed by the decree-holder for possession.

(2.) THE appellant decree-holder filed a suit O. S. 518 of 1962 for possession and for past and future mesne profits against the defendant. The suit was dismissed. But on appeal a decree was granted on 4-1-1961 in A. S. 281 of 1957. The decree-holder filed E. P. 332 of 1961 and delivery of items 2 and 3 was ordered on 23-9-1961. The plaintiff in pursuance of an agreement between the parties executed a release deed relinquishing all his rights on 22-3-1961. The present application E. A. 406 of 1961 out of which this civil miscellaneous second appeal arises was filed by the judgment-debtor for cancellation of the delivery warrant and for dismissal of the execution petition.

(3.) THE trial court allowed the petition and recalled the delivery warrant and dismissed the execution petition filed by the decree-holder. On appeal the additional Subordinate Judge, Cuddalore confirmed the order of the trial court and dismissed the appeal.