EASWARAN Vs. T K VENKATACHALAM

JUDGEMENT

(1.) THE above civil revision petition is directed against the fair and decretal order dated 10.11.1993 made in E.A.No.653 of 1992 in E.P.No.271 of 1989 in O.S.No.634 of 1977 by the Court of District Munsif, Tiruppur, thereby allowing the said execution application in favour of the first respondent herein.

(2.) THE averments of the said application filed by the first respondent herein who is the petitioner before the lower court are that, he is the absolute owner of the schedule mentioned property; that he took 2/3rd share of the entire property belonging to the respondents No.2 to 8 in auction in E.P.No.489 of 1978 in O.S.No.706 of 1977 on the file of the Court of Subordinate Judge, Coimbatore (A suit for recovery of money filed by R.Venkidusamy Chit Funds against V.T.V. Raghunath Rao and others). THEn, he filed a partition suit for dividing his 2/3rd share in the entire property consisting of vacant area and buildings as per the suit in O.S.No.58 of 1982 on the file of the Court of Subordinate Judge, Tiruppur, and a preliminary decree followed by a final decree had been passed in the said suit allotting the petition mentioned property and the terrace and the tiled building located on the North of the petition mentioned property to the petitioner.

(3.) IN the counter filed by the 5th respondent besides formally denying all the allegations of the petition regarding the petitioner's right of taking in auction 2/3rd share of the properties and testifying the delivery of possession to the petitioner and admitting the case of the first respondent and attributing the burden of proof of the other allegations for the petitioner, would ultimately pray for dismissing the petition.