K S SHANTHILAL Vs. SAROJINI AMMAL

JUDGEMENT

(1.) THIS civil revision petition has been preferred against the order in E.P. No.39 of 1988, dated 4.5.1990, on the file of the District Munsif, Gudalur.

(2.) THE decree-holder is the petitioner herein. He has obtained a decree on 26.3.1974 in O.S. No.49 of 1973. THE decree is for delivery of possession of the property. THE execution court dismissed the execution petition, because the judgment- debtor was granted patta for the suit property under the provisions of THE Gudalur Janmam Estate etc. Act 24 of 1969 which came into force on 27.11.1974. THE judgment- debtor was a tenant under the decree-holder. THE suit was filed against the judgment-debtor by the decree-holder for delivery of possession of the suit property and the same was ordered on 26.3.1974. THE aforesaid Act came into force with effect from 27.11.1974. As per the provisions of the said Act, all the Janmam lands vested with the Government and the judgment- debtor has obtained ryotwari patta.

(3.) FOR the reasons mentioned above, I am of the view that the contention of the petitioner is untenable. Therefore, the provisions of the Act 24 of 1969 is applicable to the land in question.