SYED GHORI KHALEEL BASHA Vs. PODAMEKALA KONDAIAH

JUDGEMENT

(1.) This Civil Revision Petition is directed against an order dated 31-3-1998 passed by the Principal District Munsif, Kavali in E.P.NO. 15 of 1994.

(2.) The decreeholder is the petitioner. He filed the aforementioned Execution Petition for executing the decree passed in his favour in O.S.No. 256 of 1986. The decree-holder filed an application under Order XXI Rules 37 and 38 read with Section 55 of the Code of Civil Procedure (hereinafter referred to as "the Code" for the sake of brevity) praying for arrest of the respondent/ judgment-debtor for realisation of the decretal amount, inter alia, on the ground that the judgment-debtor has an annual income Rs. 50,000.00 and also cash of Rs. 50,000/-. A counter was filed by the respondent/judgment-debtor denying and disputing the aforementioned allegations and he stated that he is merely in possession of Ac. 1-66 cents of dry land in Konda Bitragunta, which he had been cultivating personally for the purpose eking out his livelihood. It was categorically stated that he has no other property. He denied and disputed that he had taken up any contract work at all.

(3.) Before the learned Court below, the petitioner himself was examined as P.W.1. Two documents, viz., Exs. A-1 and A-2 were brought on record. The judgment- debtor examined himself wherein he supported his contention raised in his objection petition.