RATHIDEVI Vs. MOHANAMBAL @ MOHANA

JUDGEMENT

(1.) These Civil Revision Petitions are directed against the orders passed by the Execution Court in the petitions filed under Section 47 of the Civil Procedure Code.

(2.) The revision petitioners are the purchasers of the property and continued to be in possession of the same. Originally, the property belonged to one Late Subramani Gramani. He had settled life and interest in favour of his wife Kaniyammal and daughters Vengainayagi and Muthunayagiammal. The legal heirs of Vengainayagi and Muthunayagiammal were suffered with absolute right over the property. While the first respondent Mohanambal @ Mohana was a minor, the said Vengainayagi and her daughter Kamala have sold their half share in favour of other dauther Muthunayagiammal. The said Muthunayagiammal sold 39 cents out of the total extent of 62 cents to one Dhanasekaran, who in turn divided the same and sold it to several other persons. The revision petitioners are the purchasers of those plots somewhere in the year 1999 and thereafter, till second week of February 2007.

(3.) It is also seen that the suit for partition was filed against the vendor of the revision petitioners Muthunayagiammal by Vengainayagi, Kamala, Mohanambal @ Mohana, the first respondent herein. In S.A.No.1512 of 1981, partition in respect of the shares of the first respondent Mohanambal @ Mohana was decreed by an order dated 20.11.1988. As per the judgment of this Court, an Advocate Commissioner was appointed to divide the properties and as per the report of the Advocate Commissioner, final decree came to be passed on 25.06.2004. When the first respondent sought to execute the decree, the revision petitioners filed applications under Section 47 of the Civil Procedure Code claiming that the land in question was acquired by the Government under the Urban Land Ceiling Act and the first respondent is not entitled to the land in question. Hence, the decree is an inexecutable one and the execution petition is liabled to be dismissed.