A S VENKATESAN Vs. VELAYUTHAM

JUDGEMENT

(1.) This civil revision petition is filed against the order of the learned Subordinate Judge, Uthamapalayam, Theni District dated 13.11.2008 made in E.P. No. 35 of 2007 ordering arrest of the petitioner.

(2.) A decree for money for a sum of Rs. 1,62,575/- has been passed against the petitioner and the same was sought to be executed by the respondent by his arrest and detention in civil prison in E.P. No. 35 of 2007 under Order 21 Rule 38 of C.P.C. On a notice having been sent to the petitioner, he filed an objection to the effect that he had no means in his possession and denied the allegation made by the respondent that he possessed land and a house property in Kallakuruchi and also a cash of Rs. 5,00,000/- in hand which he is utilising for money lending business.

(3.) The learned Subordinate Judge, Uthamapalayam on the evidence on record has found that the house in which the petitioner is in occupation should be presumed to be his own house in the absence of any evidence adduced on behalf of the petitioner as to who is the owner of the house and what is the rent paid by the petitioner if it is a rented house. The learned Subordinate Judge has found that in such circumstances, the petitioner would be deemed to have sufficient means and ordered arrest of the petitioner.