KARRI RAMAYA NAIDU Vs. KARRI CHILAKAYYA NAIDU

JUDGEMENT

(1.) THIS is an appeal by the judgment-debtor arising out of a proceeding under sections 47 and 151 of the Code of Civil Procedure.

(2.) THE respondent filed a suit [title Suit No. 27 of 1957) against the appellant and some others praying for permanent injunction against them from interfering with the management and possession of the plaintiff in respect of the suit lands and obtained a decree. Against the said decision, the appellant unsuccessfully carried an appeal T. A. No. 10 of 1959 and thereafter he also filed a second appeal (S. A. No. 120 of 1961) which was not admitted. During the pendency of the suit, a receiver was appointed who for cultivation for three years from 1957-1959 settled the suit lands with the plaintiff-respondent. In the year 1960, the defendant-appellant being the highest bidder, the suit lands were given to him for that year for cultivation. The aforesaid Title Appeal No. 10 of 1959 was disposed of on 11-51961 and the Appellate Court directed the receiver to be discharged and the suit lands not to be leased out any further.

(3.) THEREAFTER the respondent levied execution of the decree for permanent injunction and on receipt of the notice of the said execution case, the judgmentdebtor-appellant filed a petition under Sections 47 and 151 of the Code of Civil procedure contending inter alia that he cannot be evicted from the suit lands as his possession was that of a tenant under the Orissa Tenants' Protection Act. This contention of his was negatived by the Executing Court in M. J C. No. 58 of 1961 against which he preferred an appeal (Misc. Appeal No. 15 of 1962) with the same result and the present appeal has been filed challenging the said order of the appellate Court.