ANAMA GOUNDER Vs. A C PONNUSAMI

JUDGEMENT

(1.) The petitioner is one Anama Gounder, against whom the respondent had obtained a decree for money in the sum of Rs. 1618. The decree holder sought to levy execution against the judgment debtor by applying for his arrest and detention in civil prison. The judgment debtor resisted the execution proceedings on the score that he was a small farmer within the meaning of Act 31 of 1976, entitled to scaling down the debt.

(2.) The learned District Munsif, found on the evidence that the judgment debtor could not be regarded as a small farmer. Having disposed of the judgment debtor's objection to execution based on Act No. 31 of 1976, the learned District Munsif then proceeded to give a disposal to the execution petition in the following manner-

(3.) Mr. M. V. Krishnan, learned counsel for the petitioner, does not canvass the correctness of the finding that the judgment debtor is not a small farmer within the meaning, of Act 31 of 1976. Learned counsel, however, strongly urges that the manner of disposal of the execution petition for arrest of the judgment debtor is irregular.