LAKSHMI AMMAL Vs. RAM CHETTI

JUDGEMENT

(1.) THE petitioner/plaintiff aggrieved against the order passed in E.P.No.106 of 1987, dated 25.8.1992, filed the above revision.

(2.) THE petitioner got a decree in O.S.No. 1039 of 1984 on the file of the learned District Munsif, Arur, on 20.12.1984. After obtaining the decree he filed E.P.No.106 of 1987. In the said execution petition, the defendant filed an application in E A.No.352 of 1987 to record full satisfaction on the ground that there was a panchayat in which the plaintiff agreed to receive the sum of Rs.3,250 towards full satisfaction and the said amount was paid on 18.1.1987 for which the plaintiff has passed on a receipt. That was rejected by the executing court on 29.11.1991 as it is barred by limitation as contemplated under Art. 125 of the Limitation Act, 1963. THEreafter, the same plea was taken in the execution petition to give adjustment to the said sum of Rs.3,250. That was accepted by the executing court and held that the plaintiff is entitled to proceed with the execution petition only to the balance amount. Aggrieved against the same, the petitioner has filed the above revision.