V SREENIVASULU Vs. B NARASIMMURTHY

JUDGEMENT

(1.) This Civil Revision Petition is directed against the order of the learned Junior Civil Judge, Kalyandurg, Ananthapur, dated 1-2-2001 passed in E.P. No.23 of 2000 in A.P. No.91 of 1998.

(2.) The decreeholder filed the above said E.P. No.23 of 2000 under Order XXI Rules 37 and 38 C.P.C. for arrest and detention of the judgment-debtor towards the payment of the amount decreed in the suit. Obviously, the petitioner contended that the judgment-debtor in spite of having means was avoiding to satisfy the decree and in view of this the execution petition was filed. Counter was filed opposing the petition stating that the judgment-debtor has no regular employment and has been eking cat his livelihood by working as cooli and has no means to satisfy the decree.

(3.) On the basis of evidence recorded by him, the learned Junior Civil Judge found that the judgment-debtor had sufficient means to satisfy the decree inasmuch as he had Ac.4.52 cents of land towards his share from which he could satisfy the decree. The learned Counsel for the petitioner submits that this finding is erroneous. It is pointed out that the impugned order itself discloses that the view taken by the learned Judge is based on a finding that the mother of the judgment-debtor is having Ac.26.27 cts. of land in S.No.207 of Chettur village.