DHANALAKSHMI CHIT FUNDS PRIVATE LIMITED THROUGH ITS MANAGING DIRECTOR LAKSHMANA PILLAI S O VALLINAYAGAM PILLAI KOVILPATTI Vs. MUTHURAJ

JUDGEMENT

(1.) THE revision petitioner is the decree-holder in E.P. No.5 of 2000 in C.S. No.1 of 1999 on the file of District Munsif, Kovilpatti. THE decree-holder obtained a decree against the respondents for recovery of a sum of Rs.14,037. THE revision petitioner also filed execution petition to arrest the second respondent. THE second respondent was owning a house bearing Door No.28 in 5th Street, V.O.C. Nagar,Kovilpatti and according to the decree-holder, the judgment-debtor is earning more than Rs.10,000 per month and he had got means to pay the same.

(2.) THE second respondent, however, filed a counter and stated that he had no means to pay the decree amount. He had also sold the house property under Ex.B-1 and he is earning only Rs.30 per day and hence he is not able to pay any amount.

(3.) PER contra, the learned counsel for the second respondent relied on the judgment in Jolly George Varghese and another v. The Bank of Cochin Jolly George Varghese and another v. The Bank of Cochin (1980)2 S.C.C. 360 for the principle that in execution of money decrees, the Executing Court should make an investigation regarding the current ability of the judgment-debtors to clear off the debts or their mala fide refusal, if any, to discharge the debts.