K SATHYANARAYANA Vs. M GOVINDRAJ

JUDGEMENT

(1.) This revision under Section 115 C.P.C. is directed against part of the judgment and decree of the trial Court dated 15-10-1987. The petitioner-plaintiff is aggrieved by the direction that the decretal amount of Rs. 20,100/- with future interest at 6% per annum and costs of the suit should be paid by the defendant at the rate of Rs. 200/- per month, the first instalment falling due for payment on or before 5th January, 1988. The revision petitioner is aggrieved by the fact that the sum of Rs. 200/- p.m. has been arbitrarily fixed merely on the ground that the defendant is an employee of M/s Indian Telephone Industries Ltd.

(2.) Mr. Annadanayya Puranik learned Counsel for the petitioner submitted that the lower Court had not enquired about the length of service the defendant had remaining in the Indian Telephone Industries and the amount of salary due to him and the relationship of that amount to the sum of instalment awarded with respect to discharge of the decretal amount and therefore committed an error in not exercising the jurisdiction vested in it. He, therefore, wants that part of the decree to be set aside i.e., payment by instalments. He further brought to the notice of the Court that at the rate of Rs. 200/- p.m. discharge of over Rs. 24,000/- will take approximately 15 years and that will not be just in so far as the plaintiff is concerned on account of uncertainties of life.

(3.) This Court agrees with the submission. To satisfy the decree enormous time is required and undoubtedly the right of the plaintiff to take out execution of the decree in realising the amount in a manner known to law having regard to the salary drawn by the defendant and other properties if any owned by the defendant as well as other such matters that the executing Court will consider in the execution proceedings is denied to him.