K. LAKSHMI Vs. M. PALANISAMY

JUDGEMENT

(1.) This Civil Revision Petition is directed against the order passed by the Execution Court in E.A. No. 276 of 2007 in E.P. No. 115 of 1999 refusing to declare the decree passed by the trial Court as nullity and unenforceable against the petitioner.

(2.) The petitioner filed an application in EA. No. 276 of 2007 in E.P. No. 115 of 1999 before the Execution Court under Sec. 47 of CPC to declare the decree the decree passed in O.S. No. 615 of 1998 as nullity.

(3.) According to the petitioner, the property which is sought to be executed and taken possession is a land specifically allotted to Depressed Clause. The Decree Holder/respondent being a caste Hindu is not entitled to claim title over the same as it violates the conditions of assignment. As per the conditions of assignment, the lands specifically reserved for scheduled caste cannot be alienated to other community people and the Decree Holder, by fraud and misrepresentation, obtained a decree for specific performance suppressing the statutory conditions attached to the assignment and hence unenforceable.