GOVINDAN NAIR Vs. DEVASAM EXECUTIVE OFFICER SUCHINDRAM

JUDGEMENT

(1.) THE present revision is directed against the order of the learned Principal District Munsif, Padmanabhapuram, dated 24.04.2000, made in E.P.No.168 of 1992 in O.S.No.628 of 1969.

(2.) ONE Dr.S.Natesan, representing the plaintiff Kanyakumari Devaswom Board, as its President has filed the suit against one Chellappan Pillai and Bhaskarakurup, for injunction and for recovery of the suit property. The said suit has been decreed on 24.03.1972. The second defendant in the said suit has preferred an appeal in A.S.No.110 of 1972, on the file of the Subordinate Judge, Padmanabhapuram. By an order dated 26.09.1974, the Judgment and decree of the Court below has been modified to the effect that the plaintiff has to pay the value of the building in the suit property as improvements to the second defendant in the said suit. Further, it has been held that the second defendant has to surrender the possession of the property to the plaintiff after the deposit of the value of the building by the plaintiff. Thereafter, one Parameswaran has filed an appeal before the High Court, Madras in S.A.No.2391 of 1978. The second appeal was dismissed on 25.01.1979. Thereafter, the decree holder filed E.P.No.34 of 1981, which was dismissed on 04.10.1983. Later, another execution petition namely E.P.No.168 of 1992, has been filed by the decree holder. The Judgment debtor has contested the said execution petition on the ground that it is barred by limitation. Nevertheless, the learned District Munsif, Padmanabhapuram, by his order-dated 24.04.2000, has allowed the execution petition filed by the decree holder for delivery of possession of the suit property. Questioning the said order, the present civil revision petition being filed by the Judgment debtor.

(3.) I have heard Mr. K,Vamanan, learned counsel for the petitioner and Mr.T.V.Shivakumar learned counsel for the respondent.