P KESAVAN Vs. N VIVEKANANDAN

JUDGEMENT

(1.) This petition is filed seeking permission to file the appeal as an indigent person. The respondent/plaintiff filed the suit for recovery a sum of Rs. 12,31,867/- and the same was decreed as prayed for. The petitioner filed the above appeal challenging the Decree and Judgement made in O.S. No. 4 of 2011 on the file of the District and Sessions Judge II, Kancheepuram and also filed the present application seeking permission to file the appeal as an indigent person stating that he has no means to pay the Court fee of Rs. 92,390-75. The learned Additional Government Pleader (AS) filed the report of the Village Administrative Officer, Kancheepuram-I as well as the report of the Revenue Inspector, Kancheepuram wherein it is stated that the petitioner sold his property for a sum of Rs. 12 lakhs and he also sold 10 acres of land 3 years earlier for a sum of Rs. 15 1/2 lakhs and the petitioner reported to the Revenue Inspector, Kancheepuram that the sale consideration of Rs. 15 1/2 lakhs was paid to the respondent towards the loan payable by the petitioner. The Revenue Officials further stated that as on date the petitioner has no immovable property of his own and he is getting monthly income of Rs. 3,000/- by selling two wheelers and four wheelers.

(2.) The learned counsel for the respondent produced the sale deed in Document No. 2917 of 2010 dated 27.10.2010 executed by the petitioner selling his house to one Selvam for a consideration of Rs. 12,70,000/- and executed the release deed in respect of house plot in favour of his sister for a sum of Rs. 10 lakhs and submitted that the petitioner was having Rs. 22,70,000/- and therefore he has not disclosed about that sale proceeds in the petition and no explanation was given by him about the receipt of Rs. 22,70,000/- and therefore the petitioner cannot be considered as an indigent person.

(3.) The learned counsel for the petitioner submitted that even though the petitioner sold his property under a registered sale deed dated 27.10.2010 for a sum of Rs. 12,70,000/- and executed a release deed dated 9.2.2011 in respect of some other property in favour of his sister for a sum of Rs. 10 lakhs, those amounts were utilised towards the payment of loan payable to the respondent and as on the date of filing of the appeal the petitioner was not having any means to pay the Court fee. He further submitted that as per Order 33 Rule 5 CPC, when any property had been disposed of within two months next before the presentation of the application, then only his application can be dismissed and in this case even according to the respondent the properties were disposed of in the year 2010 and 2011 and the application was filed only on 8.5.2012 and therefore the application cannot be rejected on the ground that he sold the property in the year 2010 and 2011.