LAKSHMI Vs. VEERANAN @ VEERAPANDIAN

JUDGEMENT

(1.) The revision petitioner / plaintiff laid a suit, in O.S.No.85 of 2000, for the reliefs of declaration and possession against the respondents / defendants. A perusal of the plaint would go to show that the revision petitioner has put up a case that she is the owner of the suit property and the respondents are the tenants in respect of the suit property and inasmuch as the respondents had not been paying the lease as agreed to and also attempting to set up title to the suit property on themselves, according to the revision petitioner, she has been necessitated to lay the suit for the appropriate reliefs.

(2.) It is found that the suit has ended in favour of the revision petitioner on 28/3/2002. Against the Judgment and Decree passed in O.S.No.85 of 2000, it is found that the respondents preferred an appal suit in A.S.No.114 of 2002 and the same, after contest, had been dismissed on 26/7/2004.

(3.) Pursuant to the same, it is found that the revision petitioner had preferred E.P.No.18 of 2005 seeking for recovery of possession of the suit property. The respondents filed their counter in the execution proceedings contending that their names had been recorded as the cultivating tenants by the proceedings of the Record Officer and Tahsildar, Manamadurai and in such view of the matter, the Executing Court cannot order the delivery of possession pursuant to the decree passed in O.S.No.85 of 2000 and confirmed in A.S.No.114 of 2002. The said contention of the respondents being accepted by the Executing Court, it is found that the execution petition laid by the revision petitioner had come to be dismissed. Challenging the same, the civil revision petition has been preferred.