1. The only point for decision in this Civil Revision Petition at the instance of an obstructor against the execution of an order passed by the Rent Control Court is as to whether an obstruction petition is maintainable under Order XXI R.97 CPC. The 1st respondent in this CRP. obtained an order against the 2nd respondent for eviction of building No. 10/108 of Tellicherry Municipality in RCP. No. 9/1981 on the file of the Rent Control Court, Tellicherry. In execution the revision petit, tioner offered resistance setting up a claim of tenancy of the building under the predecessor-in-title of the 1st respondent-landlord, and filed a petition purporting to be under Order XXI R.97 C.P.C. for adjudication of his right to possession under a title different from the title of the judgment-debtor. The court below dismissed the application on the ground that the petition at the instance of the obstructor in execution is not maintainable under Order XXI R.97 CPC. It was also found on the merits of the case that the obstructor has failed to prove his right to possession.

2. Order XXI R.97 CPC. provides for an application by the decree holder for removal of resistance offered by any p