R RAJENDRAN Vs. S VIJAYA BABU

JUDGEMENT

(1.) This Appeal is filed against the judgment and decree dated 19.07.2017 made in A.S.No.8 of 2017 on the file of the Additional Subordinate Court, Chengalpattu, reversing the order and decree dated 03.01.2017 made in E.A.No.129 of 2016 in E.P.No.11 of 2015 in O.S.No.239 of 2012 on the file of the District Munsif Court, Chengalpattu.

(2.) The appellant and respondent are the decree holder and judgment debtor respectively in O.S.No.239 of 2012 on the file of the District Munsif Court, Chengalpattu and petitioner and respondent respectively in E.P.No.11 of 2015 on the file of the District Munsif Court, Chengalpattu. The appellant filed the said E.P for executing the decree obtained by him to eject one A.Kumar, the defendant in the said suit. The respondent herein filed E.A.No.129 of 2016 in E.P.No.11 of 2015 under Order XXI Rule 97 (2) read with Section 151 of C.P.C.

(3.) According to the respondent, he is in occupation of the suit property as a tenant and the said A.Kumar, the defendant in the O.S.No.239 of 2012 is not in occupation of the suit property. The Court Amin also made an endorsement to that effect in the E.P proceedings. The appellant is intending to sell the suit property to the third party and he is trying to evict the respondent by illegal means. Therefore, the respondent filed O.S.No.161 of 2016 for permanent injunction, not to evict the respondent, except by due process of law. The said suit is pending. The appellant is guilty of suppression of fact and the respondent prayed as follows in the said E.A: