JUDGMENT

Dated this the 5^th day of January, 2024

This Execution Second Appeal has been filed under Section 100 read with Order XLII Rule 1 and Order XXI Rule 103 of the Code of Civil Procedure, 1908 , (hereinafter referred to as 'CPC' for convenience) by Sri.A.V.Vimalkumar, a third party to the decree, who alleged to have purchased property, including property covered by the decree schedule, as per sale deed No.1697/2017 dated 27.10.2017 of SRO, Parali. The respondents herein are the decree holders as well as the judgment debtors in the execution petition.

2. Heard the learned counsel for the claim petitioner as well as the decree holders in detail. Perused the lower court records.

3. E.A.No.351/2019 is the petition filed under Sections 47 & 151 and Order XXI Rules 97, 99 and 101 of CPC. The sum and substance of the contentions raised in the execution petition could be read out from paragraph Nos. 6, 7, 8 and 10 of the claim petition and they are extracted as under:

“6. The petition schedule property along with other properties originally belonged to one Chemban, who was holding and possessing the same on verum pattom (tenancy) right under an oral lease from the Jenmi of the property,