GUVVALA SUDHAKARA REDDY Vs. KATAMREDDY VENUGOPALA REDDY

JUDGEMENT

(1.) Order directing the arrest of the revision petitioner, passed by the executing Court is challenged in this revision.

(2.) In execution of a money decree obtained by the respondent against the revision petitioner, he filed a petition seeking arrest of the revision petitioner inter alia alleging that in spite of his owning a house worth Rs.50,00,000/-atGandhinagar,Nellore from which he is receiving a monthly rent of Rs.7,000/- by letting out a portion thereof as a go-down, and another building at Jawaharlal Road, Nellore, in which he let out 10 shop rooms in the ground floor on a monthly rent of Rs.5,000/- per each shop and thereby earning Rs.50,000/- per month as rents from that building, besides running a lodge under the name and style of 'Swagath Lodge' in the first floor of the said building earning about Rs.10,000/- p.m. from that lodge and possessing other valuable sites at Nellore, is wilfully evading to pay the amount due to him.

(3.) Revision petitioner filed a counter denying his letting out a portion of his building on a monthly rent of Rs.7,000/- for go-down purpose and contending that the said house is being used by his family members for residence and that he let out a portion thereof to L. Niranjan Reddy, his relative, who filed O.S.No.1330 of 2003 and is depositing Rs. 1,000/- p.m. as its rent into Court and that the rent being derived by him from the building at Jawaharlal Road, is only Rs.1,000/- p.m. from five tenants, but not Rs.5,000/- p.m. as alleged and that the remaining five shop rooms therein were alienated to third parties under registered documents and that the rents from those tenants also are being collected by his other creditors, and as the Swagath Lodge is running in losses and as several of his creditors had obtained orders of attachment and as his son filed a suit for partition and separate possession of his half share in the properties, and as he is not owning any other site and is living at the mercy of his mother-in-law, and is owing about Rs.2,50,000/- as house tax for the Swagath Lodge and othertaxes to the Nellore Municipality, he has no means or capacity to discharge the amount due to the respondent and since the respondent who is alleging that he owns several properties, can proceed against those properties, he is not liable to be arrested.