A. PAULIAH Vs. T. GNANASIGAMANI

JUDGEMENT

(1.) The petitioner has filed this revision against the order of the lower court in P.O.P. No. 20 of 1993, permitting the respondent to file appeal as indigent person.

(2.) The petitioner has filed the suit O.S. No. 63 of 1991 for recovery of a sum of Rs. 30,000 with interest against the respondent and the suit has been decreed. The respondent intends to file an appeal against the said decree made in O.S. No. 63 of 1991 and the court -fee payable by him is Rs 1,842.50. The respondent is a poor man depending upon the very meagre income derived from the tailoring business. He had no means to pay the court -fees. The petitioner herein filed counter affidavit in that O.P. stating that the respondent is earning Rs. 200 per day, and owns lands to an extent of 31 cents of coconut thope, and that from the said thope, the respondent is getting an income of Rs. 1,000 per month. The nondisclosure of the land in the schedule of assets by the respondent would disentitle him the relief sought for. The court below called for the report from revenue authorities and after perusing the same. the respondent herein was declared as an indigent person.

(3.) The contention of the learned Counsel for the petitioner is that the respondent is owning a land about 31 cents. The Tahsildar, after enquiry has submitted a report wherein it is stated that the respondent is getting a nominal income of Rs. 190 per year. Further, the Tahsildar has stated that the respondent is getting an income of Rs. 30 per day from his tailoring and the annual income of the respondent is Rs. 10,000. The court below has come to the conclusion that the respondent is an indigent person on the ground that his daily income is Rs. 25 of which, the daily expenses and the expenses for children's education are deducted, the balance may not be much. Further, the children of the respondent are studying in the English convent. The reasoning of the lower court is not correct because the vital aspects have been left out.