KALLANCODE SERVICE CO OPERATIVE BANK Vs. PHILIP JOSEPH

JUDGEMENT

(1.) The revision petitioner herein is the decree holder in E.P. No. 37/2010 in ARC. No. 446/03-04 on the files of the Munsiff s Court, Perambra. The revision petitioner is a Co-operative Society registered as No. F-1827 under the Kerala Co-operative Societies Act. As per the Execution Petition, an amount of Rs. 18,801/- is due from the judgment debtor to the decree holder. It is pertinent to note that the principal amount was only Rs. 6,000/-. The above Execution Petition was filed to realise the decree debt by arrest and detention of the judgment debtor in civil prison. According to the decree holder, the judgment debtor has sufficient means to pay off the decree debt and he wilfully defaulted to pay the decree amount in disobedience to the decree passed against him. The judgment debtor filed an objection admitting that he has two items of immovable property, having an extent of 78 cents and 7 cents respectively. According to him, even though he has so much extent of property, the yieldings, which he has been receiving from the said properties, are not sufficient to pay the decree debt as he is getting a meagre income from the said properties.

(2.) The decree holder was examined as P.W. 1 and Exts.A1 to A3 were marked. But, no evidence either oral or documentary had been adduced by the judgment debtor. After considering the rival contentions, the court below dismissed the Execution Petition on a finding that the judgment debtor has no means to pay off the decree debt. The above finding is under challenge in this Revision Petition.

(3.) The learned counsel for the revision petitioner advanced arguments challenging the findings in the impugned order. The point to be determined in this Revision Petition is, whether there is any illegality or impropriety in the findings that the judgment debtor has no sufficient means to pay off the decree debt, in view of the evidence available on record.