S AKILAN Vs. CHANDRAN

JUDGEMENT

(1.) C.M.S.A.Nos.30 to 34 of 2006 are focussed as against the common judgment and decrees dated 28.10.2005 passed in A.S.Nos.32, 33, 34, 36 and 38 of 2005 by the learned Principal District Judge, Thanjavur District, in confirming the order dated 23.03.2005 passed in E.A.Nos.13, 14, 15, 17 and 19 of 2004 in E.P.No.50 of 1988 in O.S.No.64 of 1969 by the learned Sub Judge, Pattukottai.

(2.) FOR convenience sake, the parties are referred to hereunder according to their litigative status before the trial Court.

(3.) ANIMADVERTING upon the decision of both the Courts below, these appeals have been filed on the following grounds inter alia thus: Both the Courts below fell into error in interpreting Order 21 Rule 97 of the Code of Civil Procedure as though a third party cannot file an obstruction petition for delivery. They failed to countenance that the petitioners in the obstruction petitions are tenants under K.O.K.Vaithinathan Chettiar, the original judgment debtor and thereafter, under his son Nagarajan, the ninth respondent herein. The petitioners have been occupying the premises for a pretty long time and their right as tenants could have been recognised by both the Courts below. However, they held that the appellants herein were trespassers and dismissed their petitions. The relevant additional grounds as set out in the Grounds of Appeal are extracted hereunder: