N SUBBA LAKSHAMMA Vs. S SUBBA RAML REDDY

JUDGEMENT

(1.) This revision petition is directed against the Order, dt. 12-8-1994 in E.P.No. 49 of 1992 in O.S.No.68 of 1991 passed by the Principal District Munsif, Cuddapah.

(2.) The relevant facts leading to this revision petition may be summarised thus: The respondents filed O.S.No.68 of 1991 in the Court of Prl. District Munsif, Cuddapah against the petitioner for recovery of a sum of money on the basis of a pronote. The suit was decreed on 25-2-1992 for a total sum of Rs. 34,733/-. Afterwards, E.P.No.49 of 1992 was filed by the respondents for the realisation of the decretal amount and the property of the Judgment Debtor i.e. revision petitioner herein, was attached in execution. The revision petitioner - Judgment Debtor raised two defences, namely., (1) The attached property did not belong to her, but in fact, it belonged to her husband; and (2) she had already made two payments Rs. 7,000/- and Rs. 5,000/- the stamped receipts are Exs. B-l and B-2 respectively. The learned Executing Court did not agree with the defences taken by the Judgment Debtor and allowed the E.P. by the impugned order. Hence, this revision petition.

(3.) I have heard the learned counsel on both sides at length and have also carefully gone through the record of the case.