A. CHETTY Vs. A. RANGAN

JUDGEMENT

(1.) This civil revision petition is directed against the fair and decretal order dated 6.9.2001 made in E.P. No. 53 of 2000 in O.S. No. 340 of 1995 by the Court of District Munsif, Dharmapuri thereby allowing the application filed by the plaintiff under 0.21, Rules 22, 37 and 38 seeking arrest and detention in the civil prison of the petition herein.

(2.) Tracing the history of the case, it comes to be known that the respondent herein who is the plaintiff is the decree-holder in the suit in U.S. No. 340 of 1995 wherein the decree amount is Rs. 18,204; that the revision petitioner has got property'worth Rs. 75,000.00 which is fetching income of Rs. 2,000.00 per year; that he is receiving a salary of Rs. 7,000.00 per month and in spite of having the capacity to pay the decree amount, he has failed to do the same and hence praying for arrest and detention in civil prison.

(3.) In the counter filed before the lower Court the revision petitioner/respondent denied the allegations of the petition that he has got properties valued at Rs. 75,000.00 and on that annual income is Rs. 2,000.00 having monthly income of Rs. 7,000.00 and inspite of having such income he is not paying the decree amount. He would further allege that only to harass him the plaintiff has filed the petition without proceeding to attach the salary of the petitioner; that too for giving him problems in his Government job he has wilfully come forward to arrest the petitioner which is contrary to law and hence would pray to dismiss the petition with costs. To set aside the decree, the revision petitioner is making all efforts.