VANKAYALA NAGESWARA RAO Vs. PECHETTI CHANDRA RAO

JUDGEMENT

(1.) This revision is preferred by the plaintiff in O.S 134 of 1969 on the file of the Principal District Munsif, Amalapuram, against the order made on I A 472 of 1971, dated 19-7-1971, granting the respondent-defendant herein, permission to pay tht decretal amount in instalments of Rs. 200/- per month.

(2.) The decree in the suit O. S. 134 of 1969 was passed on 11-2-1971. By means of an I A 472 of 1971 dated 2-3-1971, the defendant-respondent prayed for permission to pay the decretal amount by instalments at the rate of Rs. 50/- per month till the entire debt is discharged. The petitioner-decree-holder opposed the said application stating that the suit itself was based upon a pronote dated 9-8-1965, that the suit was filed on 18-7-1969; that the decree was passed on 11-2-1971 that the petitioner (defendant) was in a position to pay the decretal amount at one time; that he has got stock in trade worth Rs. 5,000/-that he has recently purchased a house worth Rs. 23,000/- and two sites for Rs. 7,000/- and Rs.6,500/- respectively and that the petition for instalments should be dismissed with costs.

(3.) The decree amount is about Rs 3 500/-. The lower court considered the application on merits and ultimately held that it was a fit case where an order can be passed under Order 20. Rule 11 (2) CPC. Regarding the claim of the Judgment debtor that the instalment should be fixed at Rs.50/- per month, the lower court considered the claim and found that if the payment of Rs. 50/- per month is granted it would take an unduly long time for the discharge of the decretal amount. The lower court, therefore, fixed the instalment at Rs. 200/- per month. In order to obviate the fear of the decree-holder that the Judgment debtor may alienate his immovable properties, the lower court directed him to furnish security for Rs.5,000/- of his own and also third party security for the same amount to the satisfaction of tbe lower court.