IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 3RD APRIL 2008 / 14TH CHAITHRA 1930 WP(C).No. 11538 of 2008(W) -------------------------- AGAINST THE ORDER IN EP 389/07 EA 69,70,71 &74/08 IN OS.303/1999 of MUNSIFF-MAGISTRATE COURT, CHALAKUDY .................... PETITIONERS: --------------------- 1. BHARATHIAMMA W/O.KORAVANGATTU KRISHNANKUTTY MENON, MECHIRA, KODASSERY PO., THRISSUR DT. 2. JAYANTHI, D/O. DO..DO.. 3. SINDHU, D/O.DO..DO... 4. RESMI, D/O. ....DO...DO.. BY ADV. SRI.K.G.BALASUBRAMANIAN RESPONDENT:DECREE HOLDER: --------------------------------------------------- MALATHI AMMA,W/O. MUNDIYATHVEETTIL (MADHAVAN) MADHUSOODHANA MENON, MEKKAD P.O., ALWAYE, ERNAKULAM DT BY ADV. SRI. RANJITH THAMPAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/04/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss M.N.KRISHNAN, J ===================== W.P.(C) No.11538 OF 2008 ===================== Dated this the 3rd day of April 2008 JUDGMENT This writ petition is preferred against the common order passed in E.A.Nos.69,70,71 & 74 of 2008 in E.P.No.389 of 2007 in O.S.No.303 of 1999. There was a decree for recovery of possession and after the decree, both the decree holder as well as the judgment debtor died. Thereafter the execution application is filed by the legal representatives of the decree holder against the legal representatives of the judgment debtor. The present execution petitions are filed by none other than the wife and daughters of the deceased judgment debtor. 2. A perusal of the application, viz., Ext.P4 would reveal that the contention of the applicant in the execution application is to the effect that the building situated in item No.1 of the B schedule of the 1958 partition deed got dilapidated and at that time the original defendant along with his family shifted their residence and it is further averred that with her funds as well a building has been constructed by spending a huge sum and the building situated therein is worth about Rs.15 lakhs. It is also submitted WP(C) 11538/2008 -:2:- that they have made other improvements in the property and therefore the claimants are entitled to compensation under the Compensation for Tenants' Improvement Act. The court did not entertain that application and dismissed the same. I feel the court below should not have conducted a detailed enquiry in to the matter for the solitary reason that the executing court cannot go beyond the decree unless there is an exclusive claim by a stranger which has to be adjudicated under Order XXI Rule 101 of the Code of Civil Procedure. 3. Here, the judgment debtors are impleaded only in their capacity as the legal representatives of the deceased judgment debtor and it is a settled principle that they cannot claim any better right than the original judgment debtor. Further in a case of this nature where the decree does not provide any compensation under any of the enactments, the executing court cannot decide the same in an application filed by the legal representatives for the reason that it will be against the decree. So, the court below was right in dismissing all the applications. If at all there is any remedy, the remedy for the party is to file a separate suit and the maintainability and other aspects of those matters have to be considered when such a suit is filed. Therefore, I dismiss this writ petition making it clear that if the petitioners have any other independent civil remedy, they are at liberty to WP(C) 11538/2008 -:3:- resort to it. Lastly, the learned counsel for the petitioners prays for some time to vacate the premises. Heard the learned counsel for respondent as well. After hearing both sides, I am inclined to grant time till 3.6.2008 for vacating the premises on condition that an undertaking affidavit is filed to the said effect by all the petitioners herein on or before 10.4.2008. The undertaking should be to the effect that they will vacate the premises on or before 3.6.2008. Writ petition is disposed of accordingly. M.N.KRISHNAN, JUDGE Cdp/-