IBRAHIM Vs. ABDUL KHADER

JUDGEMENT

(1.) THIS Revision Petition has been filed against the order dated 23.9.2002, passed in E.P.No.1678/2000 in O.S.No.5534/1992, on the file of the X Asst.City Civil Court, Chennai.

(2.) THE decree holder in E.P.No.1678/2000 is the revision petitioner.

(3.) THE execution court dismissed the E.P. on the sole ground that the decree holder did not procure any evidence to prove that the 1st respondent/judgment debtor put up offending construction thereby denying him the easementary right of air and light. THE execution court has further held that when the 1st respondent/judgment debtor has specifically stated that no construction was put up by him after the decree in violation of the decree, the revision petitioner/decree holder did not let in any evidence to disprove the same. When the decree-holder filed the execution petition under Order 21 Rule 26(2) of C.P.C. for ordering arrest of judgment debtor for disobeying the decree of injunction, the onus is heavily on the shoulders of the decree holder to prove with acceptable evidence that the judgment debtor has wilfully disobeyed the decree. When the evidence is lacking in this regard, the execution court cannot order arrest of a person and therefore I do not find any illegality nor infirmity in the order passed by the execution court.