POTHUNEEDI LAXMANA RAO Vs. KADASU MUNESWARA RAO

JUDGEMENT

(1.) Judgment debtor in O.S. No. 134 of 2003 filed this revision assailing the correctness of the order passed by the Principal Junior Civil Judge, Narsapur in ordering E.P. No. 28 of 2004 dated 2-11-2004 for arrest of the judgment debtor and to detain him in civil prison for due execution of the decree obtained by the decree holder in the said suit.

(2.) Heard the learned counsel for the petitioner and also learned counsel for the respondent.

(3.) Decree holder who obtained decree for a sum of Rs. 40,000/- filed the above E.P. for sending judgment debtor to a civil prison as he is evading payment of the decretal amount intentionally though having sufficient means; that he is having one acre of wet land at Aagarru village the cost of which is Rs. 4,00,000/- and it fetches income of Rs. 30,000/- per annum apart from the same he is also owning 0.40 cts. of dry land at Seetnaramapuram village value of the same will be Rs. 40,000/- and judgment debtor is also doing business and earning Rs. 10,000/- per month but evading to satisfy the decretal amount. On respondent denying the same evidence was let in by either parties. Petitioner himself was examined as P.W. 1 and marked Ex. A-1 -encumbrance certificate issued by the Sub-Registrar, Palkol. Respondent himself was examined as