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1977 Supreme(Goa) 1

TITO MENEZES
Dr. Emerciano Leonardo Dias, Physician, Margao – Appellant
Versus
Ganexama B. Naique Vaingancar – Respondent


Advocates Appeared:
S.V. Joshi, for Applicant; A. Peres Cardoso, for Respondent No. 1.

Judgement

ORDER :- This revision application it directed against the order of the Civil Judge, Junior Division, Panaji, dated February 23, 1976. The applicant is the landlord of the judgment-debtor and the respondents are the decree-holders.

2. The applicant made an application under O. 21, Rr. 100 and 101, C. P. C. on the ground that he was in possession of the suit property and the decree-holders had dispossessed him. The application was dismissed giving rise to this revision application.

3. It is contended by Shri Joshi that the possession spoken of by Rr. 100 and 101 is juridical possession and not actual possession. He relies on Pera Naidu v. Soundaravalli Ammal, AIR 1954 Mad 516 whereto it was held otherwise.

4. The words -"on his own account or on account of some person other than the judgment-debtor" occurring in R. 101 of O. 21 give a clear indication that the word "possession" occurring in Rr. 100 and 101 is actual possession and not constructive possession.

5. For different reasons the High Court of Madras in the supra mentioned case has held that the object of O. 21, Rr. 100 and 101 is to sustain the possession of persons who were not parties to the suit and who are in posse


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