K. SANTHANAM Vs. D. RADHAKRISHNAN AND ORS.

JUDGEMENT

(1.) The petitioner has filed this petition seeking leave to file an appeal as an Indigent person.

(2.) In the affidavit filed in support of the petition, he has stated that the court -fee to be paid in the appeal is Rs. 49,500. His properties were attached and he is drawing a sum of Rs. 3,540 as a pension per month. He is not possessed with sufficient means. He should be permitted to prefer an appeal as an Indigent person.

(3.) The first respondent filed an elaborate counter wherein he has stated that the petitioner had received a sum of Rs. 1,08,739 towards his retirement benefits. Apart from this, he also owns Immovable properties consisting of an extent of one acre of fertile land in Komarapalayam village which is irrigated by Kaveri water. He further owns a terraced House. The petitioner is having a coconut grave of 400 coconuts and is receiving an income of Rs. 40,000 per year. From other lands, the petitioner is raising cash crops and getting an income of nearly Rs. 1,25,400. The petitioner did not disclose any of his income in the affidavit. This petition is liable to be dismissed.