P ANGAMUTHU MUDALIAR Vs. VENKATACHALA CHETTIAR

JUDGEMENT

(1.) THE petitioner herein is the defendant in O.S.No. 228 of 1985. The respondents herein have filed the suit O.S.No. 228 of 1985 on the file of District Munsif Court, Thiruvannamalai for arrears of rent. The suit was originally dismissed on 19.9.1989. The respondents filed an appeal in A.S.No. 31 of 1990 and the judgment and decree of the trial court was reversed and the suit was decreed as prayed for and that judgment and decree have become final. When the plaintiffs/respondents herein filed a petition to execute the decree, the defendant/petitioner herein filed an application stating that the judgment and decree of the appellate court cannot be executed and hence the execution petition has to be dismissed. The executing court found that the judgment and decree in A.S.No. 31 of 1990 have become final, against which second appeal was filed and it was also dismissed in the admission stage itself. Therefore, the executing court found that the executing court cannot go behind the decree and rejected the application filed by the defendant and held that decree is valid in law.

(2.) MR . C. Ramakrishnan, learned Counsel appearing for the petitioner submitted that a petition has been filed under Section 47, C.P.C. and the executing court has the power to go into the question regarding the validity of decree.