NALLAMUTHU (DIED) SUBHANANDA RAJ Vs. M MONY

JUDGEMENT

(1.) Being aggrieved by the order of delivery of "B" schedule property passed in E.P.No.45 of 2016 in O.S.No.527 of 2005 on the file of the Principal District Munsif, Kuzhithurai, the petitioner, who is the second defendant in the suit, has filed this Civil Revision Petition.

(2.) The respondent has filed E.P.No.45 of 2016 seeking to deliver "B" schedule property in favour of him as per the decree dated 28.01.2013 passed in A.S.No.34 of 2011 and confirmed by this Court in S.A.(MD) No.388 of 2013, dated 11.05.2016.

(3.) E.P.No.45 of 2016 was resisted by the petitioner stating that the property sought to be delivered is not definite, not identified and/or not located by any specific measurements. It is stated that "B" schedule property described in the plaint as a plot of land approximately measuring 8 cents and the plan appended to the judgment passed in S.A.(MD) No.388 of 2013 does not specify the area. It is stated that since there is no plot of 37 cents as shown in the plan, there is no chance to demarcate 8 cents out of 37 cents. According to the petitioner, the plan appended to the Second Appeal does not tally with the re-survey plan or lye of the land and therefore, delivery on the basis of the plan appended to the judgment of the Second Appeal is impossible.