SELVAM Vs. RADJARATHINAM

JUDGEMENT

(1.) CHALLENGE in this revision is the Order of delivery of possession in E. P. No. 53/1999. Revision Petitioner, son of the second Defendant, is the third person to the suit O. S. No. 1031/1993.

(2.) RESPONDENTS/plaintiffs filed O. S. No. 1031/1993 for declaration that they are the absolute owners of the suit property; that the first Plaintiff is the life interest holder; and for direction to the defendants to hand over vacant possession of the suit property. The suit was decreed exparte on 14. 06. 1994. For the execution of the Decree and seeking delivery of possession, Plaintiffs filed E. P. No. 53/ 1999.

(3.) THE learned Counsel for the Revision Petitioner has contended that the Court below erred in saying that the Revision Petitioner is claiming through second Respondent. It was submitted that while the Petitioner is claiming through sub-lease pursuant to sub-lease Agreement, Memo of objection ought to have been recorded and Decree-Holders ought to have been directed to file application under Or. 21 R. 97 CPC for removal of objection.