KULLAN Vs. RANIAMMAL

JUDGEMENT

(1.) THIS order shall govern these two civil revision petitions.

(2.) C. R. P. Nos. 1655 of 2007 has arisen from the orders of the learned District Munsif, Coonoor made in E. A. No. 84 of 2004 in E. P. No. 54 of 2004, whereby the police aid was ordered, pursuant to the decree passed in o. S. No. 43 of 1984, while the other C. R. P. No. 1733 of 2007 has been preferred against the order of dismissal in E. A. No. 156 of 2004 in the said E. P.

(3.) THE court heard the learned counsel for the respondents on the above contentions. THE learned counsel for the respondents would submit that originally, a suit in O. S. No. 43 of 1984 was filed and the matter was pending for past two years. THE suit was originally decreed before the District munsif, Coonoor, which was appealed against by the petitioners herein before the District Court in A. S. No. 18 of 1985 and the same was also dismissed. THEreafter, second appeal has been preferred before this court and the same also met the same fate and now, the decree was put in execution and the execution was sought for in view of the disobedience of the order of the court. What was contended by the respondents/plaintiffs in the suit was that they have been in lawful possession of the property and this has been recognised by the court, despite contest made by the opposite party, namely the revision petitioners herein. Now, they have raised a new plea as if there was assignment in favour of hill tribe ancestors, whose name was not mentioned, but they have filed an application under Section 47 IPC. THE lower court has considered all these aspects of the matter and hence, both the orders of the lower court have got to be sustained.