PARBATI CHARAN DEY Vs. SURENDRA KUMAR KAPOOR

JUDGEMENT

(1.) The challenge in this revision application under Article 227 of the Constitution of India is to the order No. 67 dated 13.3.2006 passed by Shri S. B. Mitra, learned Judge, 11th Bench, City Civil Court at Calcutta in Title Execution Case No. 55 of 1995. THE facts leading to this revision application are stated below, in short:

(2.) Mr. Kashinath De, the learned Advocate appeared on behalf of the petitioner contended that the Kapoors i.e., opposite party Nos. 1 and 2 obviously have stepped into shoes of the some of the decree holders by virtue of purchase of 10/28th share of the suit premises and acquired a right to put the decree in execution by invoking the provision under Order 21 Rule 16 of the Civil Procedure Code. But, they can not and must not keep their purchased share intact outside the scope of execution of the decree already drawn in respect of the entire suit property. He has drawn my attention to the page 5 of the judgement under challenge passed by the learned Judge, 11th Bench, City Civil Court at Calcutta and submitted that the learned Judge observed clearly that the Kapoors have the equal right with the other co-owners of the suit premises to execute the decree jointly and wholly. If, so, there was no reason for the learned Judge to allow the prayer of Kapoors for leaving aside their actual possession in the portion of the suit premises outside the purview of execution of the decree. MR. Dey referred to the decision of the Apex Court in Jagdish Dutta and Ors. vs. Parimal Pal and Ors., 1999 3 SCC 644 and an old decision of the Madras High Court VEERAPPUDAYAN v. OGANTHAPPUDAYAN, 1929 AIR(Mad) 599 in support of his contention.

(3.) The unequivocal language of the Order 21 Rule 15 and Rule 16 of the Code leaves no room of doubt that a purchaser of decreetal property or part of it is competent to put the decree in execution. In fact, the Kapoors initiated one execution case being No. Title Execution Case No. 133 of 1999 under Order 21 Rule 15 of the Code which is being proceeded analogously with Title Execution Case No. 55 of 1995 initiated by some other decree holders.