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1971 Supreme(Mad) 355

V.V.RAGHAVAN
K. C. Chanda Kutti Kurup – Appellant
Versus
Gulam Mohideen Saheb – Respondent


Advocates:
N.R. Raghavachari, for Petitioner.
T.K. Subba Rao and E. V. Rajan, for Respondent.

Judgment:-

The obstructor to the execution is the petitioner. The respondent herein is the landlord who filed O.S. No. 791 of 1964 on the file of the District Munsif, Salem, against his tenant Ponnuram Chetti for possession. The suit was compromised, and, as per the compromise, the plaintiff became entitled to possession. Ponnuram Chetti failed to surrender possession within the time mentioned in the compromise decree. When the landlord went to take delivery of possession with the Amin, the revision petitioner who claims to be a tenant under Ponnuram Chetti obstructed delivery, with the result that the delivery was not effected and the present application was filed under Order 21, rule 97, Civil Procedure Code, for removal of the obstruction.

2. The case of the obstructor is that the suit and the compromise decree were collusive and fraudulent intended mainly to evict him. His further case is that originally the suit site was let out to one Balan Nambiar, the brother-in-law of the obstructor, in 1945, that Balan Nambiar put up superstructure on the site borrowing money from one Rukmani Ammal, that the creditor Rukmani Ammal filed a suit for recovery of money due from Balan Nambiar, t







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