The appellant herein who is the owner in possession of 1.127 cents of land comprised in Sy.No.223/6-1 of Aluva Village and the building thereon, preferred a claim petition before the court below as E.A.No.49/02 challenging the execution proceedings under which he was admitted to be dispossessed. The court below as per the impugned order dismissed the claim petition under Section 47 read with Order XXI Rule 99 C.P.C. against which the present appeal is preferred.

2. The suit O.S.No.328/87 was filed before the Munsiff’s Courts, Aluva for partition of the property. The suit was decreed and thereafter, E.P. was filed as E.P.44/01. According to the appellant he purchased the petition schedule property from one Sulaiman as per sale deed no.1787/89 dated 27/7/1989 of the S.R.O., Aluva. The said Sulaiman purchased the property and building therein from one Padmavathi Ammal as per sale deed No.2382/86. Padmavathi Ammal had purchased kudikidappu right over the property as per order in O.A.No.409/72 dated 11/9/1972 of the Land Tribunal, Vazhakkulam. Subsequent to the abolition of the Land Tribunal Office, Vazhakkulam, the entire file was transferred to the Land Tribunal. Aluva and