( 1 ) THE sole question which requires to be considered by this Full Bench is, as to whether once a person, other than the judgment-debtor, is dispossessed of an immoveable property by the holder of a decree for possession of such properties, having made an application to the executing Court against such dispossession based on his right, title or interest therein, can file a separate suit as well for the said very relief despite the prohibition contained in Order XXI, Rule 101 of the Code of Civil Procedure. (in short the 'c. P. C. ')?

( 2 ) BEFORE entering into the controversy on the legal aspect let me first set out the bedrock of the settled facts. The petitioner in C. R. P. 3863 of 1991 is the owner of the double storied house property bearing No. 7, Thimmaraya Shetty Lane, Nagarathpet Cross, Bangalore-2. He had filed an eviction petition being H. R. C. 307/1982 under the provisions of the Karnataka Rent Control Act, 1961 (hereinafter the 'act') on the file of the Court of Small Causes, Bangalore in respect of the 1st floor of the said house against one Krishna Murthy being the tenant therein. In the said proceedings an order of eviction was passed on 20-3-1982. Accordingly, he

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