S. RAJAGOPAL Vs. SASTHA KIRUBA AND ANR.

JUDGEMENT

(1.) This Civil Revision Petition is filed to set aside the fair and decretal order dated 07.01.2013 made in R.E.A.No.198 of 2009 in R.E.P.No.142 of 2008 in O.S.No.57 of 2004 on the file of the I Additional Subordinate Court, Salem.

(2.) The petitioner is plaintiff, first respondent is the third party and second respondent is the defendant in O.S.No.57 of 2004 on the file of the I Additional Subordinate Court, Salem. The petitioner filed the said suit against the second respondent for recovery of a sum of Rs. 1,52,650/- with subsequent interest at the rate of 18% per annum from the date of the suit, till realisation. The said suit was dismissed by the judgment and decree dated 12.09.2007. Against the said judgment and decree, the petitioner filed A.S.No.1 of 2008 on the file of the Principal District Judge, Salem. The first Appeal was allowed by the judgment and decree dated 09.06.2008. The petitioner filed E.P.No.142 of 2008 to execute the decree obtained by him and to recover the decretal amount from the second respondent by attachment and sale of the property mentioned therein.

(3.) The first respondent filed E.A.No.198 of 2009 under section 47 of C.P.C, claiming absolute title for the property and contended that the petitioner is not entitled fpr attachment and sale of the property. According to the first respondent, the property belonged to his father V.K.Shanmuga Sundaram, who died on 29.05.2007. On his death, the respondents 1 and 2 and daughter of the second respondent inherited â .. " share each. The second respondent and her daughter by Release Deed dated 22.08.2007, relinquished their â .. " share in favour of the first respondent. The first respondent has become owner of the property. The first respondent got his name mutated in revenue records showing himself as owner of the property. The first respondent is in possession and enjoyment of the property as owner.