SHEIK MUSTHAFA Vs. GOPAL

JUDGEMENT

(1.) These revision petitions are filed by the same petitioner challenging two separate orders passed by the Court of Munsiff, Chittur in two different execution petitions. Petitioner is the defendant in two suits filed by the respondents. The suits were for recovery of money. The suits were decreed after contest. When the respondents/decree holders attempted to execute the decrees, the petitioner came forward with a case that the decree debts had been paid off subsequent to the decrees and the execution proceedings in both the matters are bad in law.

(2.) Heard the learned counsel for the petitioner and the contesting respondents.

(3.) It was urged before the court below that the decrees have been satisfied by payment of the decree amount in both the cases out of court. In this context, the provisions relevant are Order 21, Rule 1 and 2 of the C.P.C, which are extracted hereunder :