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theevana Pillai and anr. Vs. Kulla Pillai and anr. - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtChennai
Decided On
Judge
Reported in5Ind.Cas.776
Appellanttheevana Pillai and anr.
RespondentKulla Pillai and anr.
Excerpt:
civil procedure code (act xiv of 1882), section 583 - execution of decree--possession in execution with the help of the court--subsequent dispossession--confirmation of decree--application for execution--maintainability. - .....of the final decree to get possession the land. if the defendants had taken possession by process of execution there can be no doubt that the plaintiff could have got possession in execution under the provisions of section 583, civil procedure code, we do not think the plaintiffs should be put in a worse position, because the defendants took possession without the intervention of the court and in defiance of an order of the court staying execution. this appeal is dismissed with costs.
Judgment:

1. The plain tiff got a decree for possession and took possession in execution. The defendants appealed and the decree was reversed. The defendants then took possession--but without applying for execution. On second appeal the original decree was confirmed. The question is whether the plaintiff is entitled in execution of the final decree to get possession the land. If the defendants had taken possession by process of execution there can be no doubt that the plaintiff could have got possession in execution under the provisions of Section 583, Civil Procedure Code, We do not think the plaintiffs should be put in a worse position, because the defendants took possession without the intervention of the Court and in defiance of an order of the Court staying execution. This appeal is dismissed with costs.


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