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2013 Supreme(Ker) 9

K.VINOD CHANDRAN
Mathiri – Appellant
Versus
Mohan – Respondent


Advocates appeared:
For the Petitioner:S.V. Balakrishna Iyer (Sr.), P.B. Krishnan, Advocates.
For the Respondent:P.R. Venkatesh, M.M. Teena, Advocates.

Judgement Key Points

What is the proper procedure to identify plaint schedule property in execution when a decree for recovery of possession identifies the property inadequately? What is the scope of a High Court’s revision under Section 115 CPC when reviewing an execution order that relies on Commissioner reports for property identification? What is the admissible remedy where a decree for recovery of possession is executed without proper identification of the plaint schedule property and subsequent reports conflict with the decree terms?

Key Points: - (!) - (!) - (!) - (!) - (!) - (!) - (!)

What is the proper procedure to identify plaint schedule property in execution when a decree for recovery of possession identifies the property inadequately?

What is the scope of a High Court’s revision under Section 115 CPC when reviewing an execution order that relies on Commissioner reports for property identification?

What is the admissible remedy where a decree for recovery of possession is executed without proper identification of the plaint schedule property and subsequent reports conflict with the decree terms?


JUDGMENT

K. VINOD CHANDRAN, J.

1. Seemingly black and white case, rendered complex by a confounding decree passed in a suit for recovery of possession. The suit for recovery of property was decreed without identifying the plaint schedule property. The trial Court noticed that the plaintiff had no taken out a Commission, but still granted the prayer for recovery with a rider that the execution Court will identify the property and recovery will be effected only to the extern the plaint schedule property is found in the hands of the defendants. The decree was no to be taken as granting recovery of possession of the properties in the possession of the defendants; but only to the extent; it is identified as in their possession.

2. One Kaliani sued for recovery of possession of 25 cents of “Njal Nilam” in Surve No. 1027 of Thrissur Village. The contention of the plaintiff was that she obtained the said lands from one Bhaskaran Assari, who purchased it from one Kuttan Mannadiar Kuttan Mannadiar obtained the said land from one Sankaran. Sankaran, along with one Pappu, had taken on lease certain paddy fields as also 53 5/8 cents of Njal Nilam from Kuruppath family, who had jenm over the pro

























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