T VASANTHAMMA Vs. PATTAN USMAN SAHEB

JUDGEMENT

(1.) The short question that falls for consideration in this revision petition preferred by the decree-holder is whether the executing court has got jurisdiction to direct payment of the decretal amount in instalments in an execution petition filed for arrest of the judgment-debtor.

(2.) The petitioner herein obtained a decree for Rs. 23,000/- against the respondent-judgment debtor and filed E.P.No. 79 of 1990 for arrest of the judgment debtor alleging that as an employee in A.P.S.R.T.C. he is drawing a salary of Rs. 1,500/- per month but is evading to pay the amount. The judgment debtor came forward with an untenable defence that the decree-holder has accepted to receive the decree amount in instalments of Rs. 100/-per month from November, 1989 ; that he has accordingly paid the instalments of Rs. 100/-per month till February, 1990 and that thereafter, the decree-holder refused to receive the instalments. He has also stated that he has to maintain a big family of seven members consisting of all daughters ; that he is the only bread winner of the family and that as such he has no means to pay the decretal amount in a lumpsum.

(3.) The decree-holder repudiated the defence plea by deposing that the judgment debtor, as a mechanic, is getting a salary of Rs. 2,500/- per month ; that his wife is residing in Kuwait ; that she used to send Rs. 3000/- per month to her husband (che judgment-debtor) and that the judgment debtor's son is working with an Eye Surgeon and is earning Rs. 500/- per month. The judgment debtor in his cross-examination admitted that he has three daughters and two sons and that one son who is working in Pagadala Opticals is getting a salary of Rs. 600/- per month, The judgment debtor did not deny the statement of the decree-holder that the judgment debtor's wife has gone to Kuwait. During the course of arguments, the judgment debtor's counsel contended that Muslims can marry more than one wife ; that the wife who is mentioned in the counter is the second wife and that the first wife of the judgment debtor left for Kuwait. Even assuming that, to be correct, that statement of the decree-holder that the wife of the judgment debtor was sending money from Kuwait can be accepted because it is only for earning huge salaries that persons would normally go from Jndia to other countries like Kuwait, etc.