YOHANNAN(DIED) Vs. P.S.SOUNDER RAJ

JUDGEMENT

(1.) The revision petition is directed against the delivery order passed in E.P.No.21/2003 dated 09.09.2004 pursuant to the final decree passed in the partition suit O.S.No.104/1957 on the file of Kuzhithurai District Munsif Court.

(2.) The plea of the revision petitioner who is the 7th defendant in the suit and 7th respondent in EP is that the EP is barred by limitation. Therefore, he has perfected the title by adverse possession.

(3.) Perusal of the records reveals that final decree in the suit was passed on 21.11.1970. The Execution Petition for executing the final decree had been presented before the District Munsif Court, Kuzhithurai, on 11.06.1996. In the Execution Petition, it is clearly stated that the earlier execution petition E.P.No.382/1979 was closed on 30.04.1981. The reason for closing the earlier EP was due to the stay obtained by this revision petitioner in I.A.No.1557/1979 in O.S.No.104/1957. When I.A.No.1557/1979 got dismissed, the revision petitioner has preferred CRP.No.753/1981. That was also dismissed on 27.02.1996.