KUMAR Vs. A RAMACHANDRAN

JUDGEMENT

(1.) THE petitioner/defendant's 4, 5 and 6 have filed this civil revision petition as against the order dated 31. 07. 2009 in E. P. No. 210 of 1990 in O. S. No. 1563 of 1983 passed by the Learned X Assistant City Civil Court, Chennai.

(2.) THE Executing Court while passing orders in E. P. No. 210 of 1990 dated 31. 07. 2009 has come to a categorical conclusion that, "the Executing Court cannot travel beyond the decree and the claim made by the judgment debtor in the counter is found to be contrary to the decree passed by the Civil Court and therefore, until, otherwise, the decree is set aside by the Judicial Forum, the decree holds good and if this Execution Petition is dismissed, it amounts to miscarriage of justice and judicial indiscipline by the Executing Court" and has rejected the contentions of the revision petitioner and judgment debtors 4 and 5 and granted the relief of allowing the Execution Petition in favour of the respondent/decree holder.

(3.) ACCORDING to the learned counsel for the revision petitioners the order of the Executing Court passed in E. P. No. 210 of 1990 dated 31. 07. 2009 is against Law weight of evidence and probabilities of the case and the Executing Court has not taken the said suit property and possession undertaken by Tamil Nadu Slum clearance Board for regularisation under the World Bank Aid Lease cum Sale scheme in the proceedings G. o. 1335 Revenue Department dated 19. 11. 1992 and allotment order issued to all the residential parties living continuously for more than 10 years and also executed sale deed (Patta) in favour of the persons including the petitioner by TNSCB, Chennai and moreover, the Government has taken a policy decision by which all unobjectionable encroachments existing in government land including those on road margins prior to 30. 06. 1984 should be regularised by issuance of house site Patta's and encroachment made by the petitioners form part of the slum for regularisation under the World Bank Aid lease Cum sale scheme, but these material aspects have not been appreciated by the Executing Court in a real perspective and added further if once the properties have been declared as slum area by the TNSC Board the prior written permission of the TNSC Board is a must and mandatory requirement as per Section 29 of TN Slum Area Act 1972 (Act 11 of 1971) no proceedings can be instituted against the occupants in the property owned by the TNSC Board and unfortunately, these factual and legal position have not been adverted by the Executing Court properly while passing the orders in the Execution Petition and therefore prays for allowing the civil revision petition in furtherance of substantial cause of justice.