RAJU ANAND Vs. MADHU KUMARI

JUDGEMENT

(1.) The present Execution First Appeal is directedagainst the Judgment of the Additional District Judge, dated 6/02/1989whereby the attached goods assest, and properties of the Judgment-debtor (Appellant before this Court) have been directed to be auctioned andthe sale proceeds to be given to the decree-holder in satisfaction of thedecretal amount, and if the sale proceeds of the auctioned goods are notfound sufficient to meet the amount of the decree of Rs. 72,537-62?., withcosts and interest at the rate of 12 per annum on this amount from the dateon 14.7.86 till its realisation, then the JudKgment-debtor be detained in civilprison.

(2.) The only question that revolves round for determination is thesubject-matter of issue no. 2 which reads as under :

(3.) The controvertial document is the receipt Ex. JDW 1/1 by whichthe Judgment-debtor is alleged to have made the payment of the amount ofthe decree in cash, whereas there is a complete denial of the executionand receipt of any amount by Shri Krishan Chander, General Attorneyof the decreeholder.