Madras High Court
B.Anandan vs J.Prem John Edward on 3 February, 2023
2023/MHC/463
C.R.P.No.221 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 03.02.2023
CORAM
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM
C.R.P.No.221 of 2023
and
C.M.P.No.1844 of 2023
B.Anandan ... Petitioner
Vs.
1.J.Prem John Edward
2.G.Susan Rebecca ... Respondents
Prayer: Civil Revision Petition is filed under Section 115 of the Civil
Procedure Code, praying to set aside the order passed in E.P.No.39 of 2019
in RCOP.No.27 of 2016 dated 18.10.2022 on the file of the Hon'ble
Principal District Munsif, Poonamallee by allowing the CRP with cost
throughout.
For Petitioner : Mr.M.Khader Basha
Page 1 of 5
https://www.mhc.tn.gov.in/judis
C.R.P.No.221 of 2023
ORDER
The Civil Revision Petition has been filed against the order passed in
E.P.No.39 of 2019 in RCOP.No.27 of 2016 dated 18.10.2022 pending on
the file of the Principal District Munsif, Poonamallee
2. The revision petitioner is the tenant/judgment debtor and the
respondents/decree holders instituted eviction proceedings in R.C.O.P.No.27
of 2016. The said R.C.O.P was allowed and eviction was ordered against the
revision petitioner. The respondents/decree holder filed E.P.No.39 of 2019
and the Execution Court considered the grounds raised by the revision
petitioner and accordingly, allowed the Execution Petition in favour of the
decree holders and ordered for delivery by 19.12.2022. The said order
passed in the Execution Petition is under challenge in the present Civil
Revision Petition.
3. The learned counsel for the revision petitioner made a submission
that the petition premises is a Poramboke land and therefore, the
respondents are not the owners of the property. It is further stated that the
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C.R.P.No.221 of 2023
petitioner/judgment debtor constructed the building in the schedule property
and running a hotel.
4. However, those issues raised in the Execution proceedings cannot
be adjudicated on merits. The grounds raised in the R.C.O.P proceedings
were adjudicated and eviction was ordered. If at all the revision petitioner is
aggrieved from and out of the order passed in the R.C.O.P, then he has to
file an appeal, raising all these grounds. Contrarily, such grounds on merits
are not entertainable in the Execution Proceedings and thus, the Execution
Court rightly rejected those contentions raised by the judgment debtor and
allowed the Execution Petition by ordering delivery.
5. The scope of the Execution Proceedings cannot be expanded for the
purpose of adjudication of merits or issues raised between the parties. Once,
the decree is passed on merits and in accordance with law, it is to be
executed and the decree holder is entitled to enjoy the fruits of the decree
and therefore, raising further grounds on merits in Execution proceedings is
impermissible.
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C.R.P.No.221 of 2023
6. In view of the facts and circumstances, this Court do not find any
infirmity in respect of the order passed in E.P.No.39 of 2019 in
RCOP.No.27 of 2016 dated 18.10.2022 on the file of the Principal District
Munsif, Poonamallee and the same stands confirmed. Thus, the revision
petitioner/tenant is directed to vacate the premises and hand over the vacant
possession to the respondents/landlord immediately.
7. With this direction, the Civil Revision Petition in C.R.P.No.221 of
2023 stands dismissed. No costs. Consequently, connected miscellaneous
petition is closed.
03.02.2023
kak
Index : Yes
Speaking order
Neutral Citation : Yes
To
The Principal District Munsif,
Poonamallee.
https://www.mhc.tn.gov.in/judis
C.R.P.No.221 of 2023
S.M.SUBRAMANIAM, J.
kak
C.R.P.No.221 of 2023
03.02.2023
https://www.mhc.tn.gov.in/judis
