K KARUPPASAMY SERVAI Vs. BEGAM K ABDUL BEEVI

JUDGEMENT

(1.) THE Petitioner/Defendant has filed the present Civil Revision Petition as against the order dated 26.8.2003 passed in E.P. No. 50 of 2002 in O.S. No. 1084 of 1981 passed by the learned District Munsif, Tirumangalamm.

(2.) THE Executing Court while passing orders in E.P. No. 50 of 2002 in O.S. No. 1084 of 1981 on 26.8.2003, has among other things, observed that the claim of the revision petitioner in claiming a sum of Rs.35,481/-(Rupees thirty five thousand four hundred and eighty one) through cheque and the sum being denied by the Respondent/Plaintiff superficially on the basis of which, full relief cannot be granted and also granting of such a relief is not a proper one and consequently, dismissed the said application without costs.

(3.) PER contra, it is the contention of the learned counsel for the Respondent/Plaintiff that the respondent is entitled to claim a sum of Rs.2,000/- (Rupees two thousand) per year as profits for future income as per order passed by this Court in C.M.P. Nos.14968 of 1986 and 3276 of 1987 in S.A. No. 1851 of 1986 dated 31.3.1987 and only a sum of Rs.10,000/-(Rupees ten thousand) in total has been paid by the Revision Petitioner and this sum of Rs. 10,000/- (Rupees ten thousand) is also included in one account and therefore, the Respondent/ Plaintiff is entitled to receive a sum of Rs.10,000/- (Rupees ten thousand) deposited by the Revision Petitioner and therefore, the cheque petition has been rightly dismissed by the Executing Court.