BADIREDDI NAGESWARA RAO Vs. TELU SATYANARAYANA MURTHY

JUDGEMENT

(1.) Heard the learned counsel for Revision Petitioner. No representation for respondent. This Revision Petition is filed against the order dtd. 13/12/2012 of Prl.Junior Civil Judge, Rajahmundry, delivered in E.P.42/2011 in O.S.736/2001. The Revision Petitioner is judgment debtor in the execution petition. The respondent/decree holder filed E.P. U/o.XXI Rule 37 and 38 of the Code of Civil Procedure to arrest the judgment debtor and to detain him in civil prison, as he failed to discharge the decree amount, inspite of having means to discharge the decree amount, and avoiding to discharge the same with a malafide intention.

(2.) The decree holder was examined as P.W-1 and the judgment debtor was examined as D.W-1. The contention of the judgment debtor is that he is a small farmer, and he has no means to discharge the decree amount.

(3.) The record shows that as per evidence of the Revision Petitioner/judgment debtor, in the cross-examination, he admitted that he has been doing dairy farm business, and he failed to produce accounts showing turnover of his business, and the property described under Ex.B-1 is worth of Rs.2,00,000.00, even as per the admission of the judgment debtor in the cross-examination. Therefore, in that view of the matter, the executing Court held that the contention of the Revision Petition that he has no means to discharge the decree amount, cannot be believed.