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1981 Supreme(Mad) 153

BALASUBRAMANYAN
V. S. Alwar Ayyangar – Appellant
Versus
Gurusamy Thevar – Respondent


Advocates:
R. Alagar, for Petitioner; N.S. Umapathy of M/s. Raj and Raj, for Respondent.

Judgement

ORDER:- This revision arises in execution of a decree for a permanent injunction. The decree was passed on a clear finding that the decree holder was in possession of the suit land and the judgment debtor was seeking to interfere with that possession. In the execution petition, the decree holder complained that the judgment debtor was seeking to interfere with that possession. In the execution petition, the decree holder complained that the judgment debtor had wilfully disobeyed the court's injunction and accordingly prayed for the judgment debtor's

detention in civil prison as the appropriate mode of execution against him. The executing Court has now dismissed his execution petition.

2. Before the executing Court, the judgment debtor had objected to execution being levied against him on the score that he was entitled to possession of the land. He stated that subsequent to the decree for injunction passed by the Court, he obtained a declaration from a Record Officer that he was a cultivating tenant of the land.

3. Mr. Umapathi, learned counsel for the judgment debtor, stressed this circumstance in his argument, although the Court below did not particularly rely on this aspect


































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