GANGABAI AMMAL Vs. S KALYANASUNDARAM

JUDGEMENT

(1.) DECREE-holder in O.S.No.14 of 1972 on the file of District Munsif Court, Kancheepuram is the revision petitioner herein. This revision is filed under Art.227 of Constitution of India.

(2.) O.S.No.14 of 1972 was filed by petitioner for recovery of property scheduled in the plaint. The subject matter of the suit read thus: Kancheepuram town, inVallal Pachaiyappan Street to the east of the street to the south of the house of Rathina Mudali and others, to the west of Municipal Narasam, to the north of Varadadappa Mudali's house, premises bearing Door No.34-AB, S.No.2554 measuring 29? ? 125? with all the structures well, tap, electric fittings.

(3.) UNDAUNTED by the failure in the earlier proceedings, respondent again filed O.S.No.205 of 1997 on the file of Subordinate Judge, Kancheepuram to declare his title to suit properties and for permanent injunction restraining defendant from in any way interfering with the possession and enjoyment of plaintiff under the guise of executing decree in O.S.No.14 of 1972. In that suit he further wanted declaration that the decree obtained in O.S.No.14 of 1972 is not binding on him. An application for injunction was also filed in I.A.No.503 of 1997 and the same was dismissed. The matter was taken on appeal in C.M.A.No.16 of 1997 on the file of Subordinate Judge's Court, which also did not meet with success.