P PEDDA NAGI REDDY Vs. G PULLAIAH SETTY

JUDGEMENT

(1.) This revision is directed against the order and decretal order dated 27-9-1991 passed in E.P.No.348/90 in O.S.No.59/77 on the file of the Principal District Munsiff, Kurnool. The petitioner herein is the 1st judgment-debtor and the respondent herein is the decree-holder in the said E.P.No.348/90 in O.S.No.59/77.

(2.) The facts, in brief, giving rise to this revision petition are as follows: The respondent herein obtained a money decree against the petitioner and 2 others and in execution of that decree, he brought the immovable properties for sale in E.P.No.348/90. The 1st judgment-debtor resisted that execution and filed a counter stating that he possesses only 1 acre and 20 cents in S.No.14 which fell to his share in the partition effected with his father and his brother, that he has no other property except the said extent of Ac.1.20 cents, that he is living upon agriculture, that he is a small farmer and that he is entitled for the benefits of A.P. Act 7 of 1977. During the enquiry, R.Ws.1 and 2 were examined and no documents were marked. No oral or documentary evidence was adduced on behalf of the decree-holder. On a consideration of the evidence on record, the learned Principal District Munsiff, Kurnool by his order dated 27-9-1991 held that the 1st judgment-debtor is not a small farmer and as such, he is not entitled for the benefits of A.P. Act 7 of 1977. Assailing the said order, the 1st judgment-debtor has come up with this revision petition.

(3.) Heard the learned Counsel for the petitioner and the respondent and perused the impugned order.