BURGULA SUBRAHAMANYA KRISHNA Vs. SLDDLLLNGESWAR SWAMYVARI KOVELA

JUDGEMENT

(1.) This petition is directed against an order dated 29-11-1997 passed by the Principal District Munsif at Anakapalle in E.A.No. 27 of 1991 in E.P.NO. 33 of 1987 in O.S.No. 49 of 1979 wherein the application filed by the petitioners herein and their mother Burgula Venkata Ratnam was dismissed.

(2.) The basic fact of the matter is not in dispute. One late Burgula Venkata Lakshman Rao, who is the husband of Burgula Venkata Ratnam and the father of the petitioners herein, was the lessee of the premises in question (as a monthly tenant). In a decree passed in O.S.No. 49 of 1979, the said Lakshman Rao was directed to vacate the suit premises; an appeal taken therein against was dismissed. A second appeal was preferred by the said Lakshman Rao before the High Court. It is the case of the petitioners that during the pendency of the second appeal, the matter was settled out of Court and the said Lakshman Rao agreed to all the conditions made by the 1st respondent herein and paid a sum of Rs. 2,000/- on 27-8-1984 in view of the resolution dated 29-7-1983 to the effect that he shall pay rents at Rs. 175.00per month from 1-1-1983 to 31-12-1986 and shall pay all the arrears of rents and that he shall give a letter consenting to the above conditions, and the High Court recording the same has disposed of the second appeal. Thereafter, an execution petition was filed by the 1st respondent herein. The petitioners herein have opposed the execution petition alleging that the 1st respondent herein is executing the decree with a mala fide intention to have a wrongful gain.

(3.) The petitioners filed the aforementioned objection under Section 47 C.P.C. inter alia on the ground that the decreeholder having granted a fresh lease, the decree stands satisfied and as such an application for execution was not maintainable.