1. The petitioner is the judgement-debtor in O.S. No. 385 of 1977 on the file of District Munsif, Kulithalai.

2. The respondent herein obtained a decree for recovery of money and in the execution process, the properties of the respondent were attached and brought to sale. The respondent himself purchased the property in Court auction sale and the sale was confirmed on 22.8.1983. Thereafter the respondent filed the petition for seeking delivery of the property. The petitioner herein filed objections stating that the petitioner is not the exclusive owner of the property and he is entitled only for 1/61 share. Moreover the property is not in the possession of the petitioner and as such the respondent is not entitled for actual physical possession. The persons who are in possession and enjoyment of the property cannot be evicted. The lower court has rejected the objections and ordered the petition filed by the respondent for delivery. Against the said order dated 29.6.1994 the present revision has been filed. The court below disposed of the objections stating that there is no merit in the objections raised by the petitioner and hence the delivery is ordered.

3. The order of