S DAMODARAN PILLAI Vs. S ANANTHAKRISHNAN PILLAI

JUDGEMENT

(1.) THIS civil revision petition is preferred against an order for delivery of possession passed in E.P.No.62 of 1989 on the file of the Subordinate Judge, Nagercoil.

(2.) IN O.S.No.132 of 1976 filed by the respondent herein for eviction of the petitioner herein on the ground that he was a tenant, a decree was passed. As against that the petitioner preferred an appeal A.S.No.132 of 1983. IN the appeal the parties filed a joint memorandum and recording the same, in terms thereof a decree was passed. The joint memorandum reads:

(3.) THE contentions put forth before the Subordinate Judge was reiterated before me on behalf of the petitioner. As regards the first contention that there is nothing in the appellate Court decree that enables the decree-holder to file an execution petition if she fails to deliver possession, it must be remembered that the trial Court has passed a decree for eviction and as against that the petitioner has appealed and in that appeal a joint memorandum was filed as per which the petitioner has undertaken to vacate the premises within one year and for that the respondent agreed and in those terms a decree was passed by the appellate Court. This would only amount to confirmation of the decree passed by the trial Court but with the modification that the petitioner will have one year time to vacate as undertaken by him and agreed to by the respondent. THErefore it is clear that if the petitioner fails to vacate within the time agreed to he will be liable to be evicted by executing the decree passed by the trial Court. Thus there is no substance in the first contention raised on behalf of the petitioner.