Executing Court has not framed any issue regarding executability of decree of delivery when land in possession of petitioners is in the capacity of tenant whether delivery could be ordered when decree holder does not have any right over the land is a issue which is to be discussed and decided in detail.

Citation

2018-1-L.W. 509

IN THE HIGH COURT OF JUDICATURE AT MADRAS

29.11.2016/

 

CRP(NPD) No.4406 of 2012 and M.P.No.1 of 2012 

 

M.V.Muralidaran, J.

N.Mohan and others.        ..Petitioners

Vs.

Ejaz Khilji.                         ..Respondent

Prayer: Civil Revision Petition filed under Section 115 of the Code of Civil Procedure, against the order of the learned X Assistant City Civil Judge, in E.A.No.4766 of 2011 in Ε.Ρ.No.1298 of 2009 in O.S.No.5519 of 1983, dated 05.09.2012.

C.P.C., Section 47, Order 14, rule 1 prime duty of the Executing court, is to frame an issue regarding executability of the decree Para 9

Executing Court has not framed any issue regarding executability of decree of delivery when land in possession of petitioners is in the capacity of tenant whether delivery could be ordered when decree holder does not have any right over the land is a issue which is to be discussed and decided in detail Para 13