R. VASUDEVAN Vs. IBRAHIM

JUDGEMENT

(1.) Petitioner herein filed R.C.O.P.8 of 1979, on the file of Rent Controller -cum -District Munsif, Thanajavur. The order of eviction has become final. Even though the Rent Controller dismissed the eviction petition, on appeal, eviction was ordered and the same was confirmed in C.R.P.2811 of 1984. Six months' time was granted to surrender vacant possession. The time so granted expired on 26.11.1991. On the expiry of the time granted, revision petitioner filed Execution Petition for getting possession. Even though the Execution Petition was filed on 2l.4.1992, the grievance of the petitioner is that till date the Executing Court has not taken any action for handing over possession. 'It is now more than 51/2 years since the Execution Petition was filed. But, except for adjourning the case on the ground of 'call on', no effective step has been taken by the Executing Court.

(2.) This Revision is filed under Article 227 of the Constitution of India, to bring to the notice of this Court how an illegality has been committed by the Executing Court in spite of the petitioner obtaining a valid decree. Learned counsel for petitioner wanted the judicial supervisory jurisdiction of this Court enjoined under Art. 22 of the Constitution to be invoked, so that injustice that is perpetuated may come to an end.

(3.) The other Revision, namely, C.R.P.2690 of 1997 is also one under Art. 227 of the Constitution. The reason for filing that Revision is that the very same counter petitioner in this Revision Petition has filed a suit in the year 1992 and got an injunction. Simultaneously he also filed an application under Sec. 47 , C.P.C. before the Executing Court stating that the decree cannot be executed on the ground of injunction. The grievance of the petitioner is that neither the injunction application is disposed of, nor is the petition under Sec. 47 , C.P.C. disposed of, nor the Execution Petition is proceeded with. Ultimately, he is put to great hardship.