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S. M. SUBRAMANIAM
B. Anandan – Appellant
Versus
J. Prem John Edward – Respondent
ORDER :
[Prayer: Civil Revision Petition is filed under Section 115 of the Civil Procedure Code, praying to set aside the order passed in E.P.No.39 of 2019 in RCOP.No.27 of 2016 dated 18.10.2022 on the file of the Hon'ble Principal District Munsif, Poonamallee by allowing the CRP with cost throughout.]
1. The Civil Revision Petition has been filed against the order passed in E.P.No.39 of 2019 in RCOP.No.27 of 2016 dated 18.10.2022 pending on the file of the Principal District Munsif, Poonamallee.
2. The revision petitioner is the tenant/judgment debtor and the respondents/decree holders instituted eviction proceedings in R.C.O.P.No.27 of 2016. The said R.C.O.P was allowed and eviction was ordered against the revision petitioner. The respondents/decree holder filed E.P.No.39 of 2019 and the Execution Court considered the grounds raised by the revision petitioner and accordingly, allowed the Execution Petition in favour of the decree holders and ordered for delivery by 19.12.2022. The said order passed in the Execution Petition is under challenge in the present Civil Revision Petition.
3. The learned counsel for the revision petitioner made a submission that the petition premises is a
The central legal point established in the judgment is the finality of the status of the respondents as legal heirs and the inapplicability of the doctrine of merger.
The transferee or subsequent purchaser can maintain an application under Order I Rule 10 of CPC, and misquoting the provision of law cannot be a ground for rejecting the application.
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