The petitioners/ the decree-holders in O.S. No.95 of 1977 on the file of the District Munsif, Devakottai. The petitioners filed the said suit seeking for eviction of the respondent and the said suit was decreed ex parte on 4. 1980. The respondent filed an application for setting aside the ex parte decree which was dismissed on 12. 1987. As against this, the respondent preferred an appeal in C.M.A. No. 11 of 1987 on the file of Sub Court, Devakottai and the same was ended in dismissal by judgment and decree dated 23. 1990. Thereafter, the petitioners filed E.P. No. 104 of 1990 seeking for recovery of possession. That was dismissed on 210. 1980. Thereafter, the present execution petition has been filed.

2. The respondent herein contended the E.P. on the ground that since the earlier E.P. was dismissed on the ground that the petitioners did not deposit the value of the superstructure, which the respondent is entitled to by way of compensation, within the stipulated period of three months, the second execution petition is barred. Further, the respondent had stated that the petitioners ought to have deposited the compensation amount within three months from the date of decree