NANAMMAL Vs. PERUMAL ACHARI

JUDGEMENT

(1.) THIS revision petition is directed against the order in e. P. No. 37 of 1986 in O. S. No. 262 of 1977, passed by the District Munsif, aruppukottai. THIS revision petition is directed against the order in E. P. No. 37 of 1986 in O. P. No. 262 of 1977, passed by the District Munsif, Aruppukottai.

(2.) SHORT facts are: One Ramasamy Naicker had filed the suit against the respondent for money and had obtained a decree. Execution was laid by his legal representatives against the respondent for realisation of the decree amount by arrest. That was resisted by the respondent on the ground that he was entitled to the benefits of Act 13 of 1980. After enquiry, the learned district Munsif, had held that the respondent was entitled to the benefits of act 13of l980and dismissed the execu-tion petition. Aggrieved by the said order, the legal representatives have come forward with this revision petition.

(3.) IN view of the above, for finding out the share of the widow and excluding it from the operation of Act 13 of 1980 and for finding out whether the respondent was entitled to the benefits of Act 13 of 1980 with regard to his remaining portion of the decree debt and for finding out whether the respondent has got means to pay the decree debt, the matter is remitted back to the court below. Accordingly, the civil revision petition is allowed and the order of the court below is set aside and the matter is remitted back to the court below for the purposes indicated above and for disposal according to law. The court below shall restore E. P. No. 37 of 1986 and after enquiry on the above aspects, dispose it of according the law. .