GANESAN Vs. DR NASEER AHMED SYED

JUDGEMENT

(1.) THESE batch of Revision Petitions are directed against the Order of delivery of possession ordered in various execution Petitions, arising out of the suits filed by the Respondent Trust.

(2.) SINCE common points are involved for determination, all the Revision Petitions were heard together and disposed of by this Common Order.

(3.) THE plea that Sirajudeen Syed is not competent to represent the Decree Holder is unarguable. I.A.No. 1299 of 1994 in O.S.No. 203 of 1983 was allowed and the said Sirajudeen Syed was permitted to represent the Trust of the family of Dr. Zazir Ahmed Syed and his brothers. Challenging that Order in I.A. No. 1299 of 1994, CRP No. 3238 of 1996 was filed and the High Court has ordered that evidence could be adduced by either party in deciding the application. THE matter was taken by District Munsif Court, Tindivanam, and at that time Execution Petition was filed and heard. It is stated that an elaborate Order was passed dated 27.4.2005, with detailed discussion, permitting Sirajuddin Syed as the representative of the Trust of the Family. That Order permitting Sirajuddin Syed to represent the family of the Trust has not been challenged by the Petitioners. While so, they cannot raise the objection regarding the representative capacity of the said Sirajudeen Syed.