P K VENKATRAMAN Vs. ALAMELU AMMAL

JUDGEMENT

(1.) THE Civil Revision Petition is directed against the order of the learned District Munsif, Tiruchirapalli, in E.P. No. 739 of 1989 in O.S. No. 948 of 1973, allowing the said application for delivery filed by the respondent. THE petitioner/defendant is the son of the respondent. THE petitioner's father Krishna Iyengar filed the suit O.S. No. 948 of 1973 on the file of the Subordinate Judge, Tiruchirapalli, for possession against the petitioner and the said suit was decreed in terms of the joint endorsement. THE joint endorsement as incorporated in the decree dated 24-6-1976 in O.S. No. 948 of 1973 reads thus:

(2.) THE petitioner contends that as per the terms of the decree, he has been residing in the suit property and has also effected improvements and has further put up construction worth over Rs. 1 lakh. He has been in possession of the property in his own right as an owner and has effected substantial improvements. THE petitioner's father died on 9-1-1989 and immediately on his death, the respondent, who is the mother of the petitioner, sought to execute the above decree on the ground that she is the only legal representative of the petitioner's father and that after her husband's death, the petitioner picked up frequent disputes and quarrels with her and therefore, she is entitled to put the decree in execution and accordingly, she filed E.P. No. 739 of 1989.

(3.) THE learned District Munsif allowed the Execution Petition, against which the present revision has been filed by the petitioner/defendant. It is contended by Mr. S. Parthasarathi, learned counsel for the petitioner, that the court below has not considered the plea raised by the petitioner regarding the non-executability of the decree on the ground that the decree contemplates a quarrel with the plaintiff and not with the respondent herein.