J J SHANKAR Vs. W M ISMAIL

JUDGEMENT

(1.) This Civil Revision Petition is filed against an order of the Principal District Munsif Kurnool made in E. P. No. 155/78 in O. S. No. 666/77.

(2.) O. S. No. 666/77 was filed by one Ismail against one Sankar the present) petitioner, for recovery of a small sum of Rs. 1825-37 as due under a khata maintained by Sankar with Ismail in the latters cloth shop. The allegation was that Sankar purchased during December, 197 4/05/1975 cloth from Ismails shoo. That suit was contested by Sankar by raising a variety of pleas. He had denied that he had ever purchased the cloth on credit from the plaintiff and he had also pleaded that he is a small farmer within the meaning of Act 7 of 1977. Subsequently, however, the suit was decreed,

(3.) Sankar was an employee of the State Bank of India, Kurnool, Lens prior to the filing of the aforesaid suit the Branch Manager. State Bank of India. Kurnool wrote a letter to Ismails Lawyer requesting him not to institute any legal proceedings against Sankar for recovery of the amounts due and promising payment of the amount by the middle of April of that year in a lump sum from and out of the realisation of the sale price of tobacco crop. Evidently Sankar never kept his promise. Ismail had been forced to file his suit. Now the suit had been decreed Ismail taken out execution and sought the arrest of Sankar. The Executing Court by its order dated 7/07/1980 directed the arrest of the judgment-debtor and his detention in a civil prison. It is against that order of the Executing Court the present Revision Petition has been filed,