LAWS(MAD)-1994-7-49

NATARAJAN Vs. D PERIYASAMY GOUNDER AND COMPANY

Decided On July 04, 1994
NATARAJAN Appellant
V/S
D.PERIYASAMY GOUNDER AND COMPANY BY ITS PARTNER VIJAY NATARAJAN RED AND FIELDS, COIMBATORE. Respondents

JUDGEMENT

(1.) THIS civil revision petition is directed against the order passed in E.A.No.466 of 1987 in E.P.No.139 of 1983 in O.S.No.219 of 1969 on the file of II Additional Sub Judge, Coimbatore.

(2.) SHORT facts are: In execution of the money decree obtained in O.S.No.219 of 1969, properties were brought to sale. The revision petitioner claim benefits of the Tamil Nadu Act 13 of 1980 and want to nullify the decree. After enquiry, the court below had given a finding that revision petitioners are not entitled to the benefits of the said Act. Aggrieved by that order, this revision petition is filed.

(3.) PER contra, Mr.E.Padmanabhan, learned counsel for the respondent would submit that the properties of the judgment debtor has to be taken as a single unit and the value of the same is very much higher than Rs.25,000 and the court below was right in dismissing the claim of the revision petitioners.