ESWARA KUMARS TRADERS Vs. B VENKATADRI NAIDU

JUDGEMENT

(1.) This revision is filed questioning the orders of the I Addl.District Munsif, Chittoor dated 24-40-1994 in O.E.P.No.185/90 in O.S.No.1313/87 by which the said execution petition was dismissed holding that the Judgment-Debtor is entitled to the benefits of Act 45/1987 as he is a small farmer.

(2.) The petitioner herein is the plaintiff in the above said suit and the said suit was decreed for the suit amount. He later on filed O.E.P.No.185/90 for realising the decretal amount from the respondent-Judgment Debtor by seeking his arrest and detention in Civil Prison. The respondent contested the said petition mainly contending that he is a small farmer and therefore, entitled to the benefits of Act 45/1987 and that the decree debt shall, therefore, be deemed to have been discharged. The learned District Munsif agreed with the contention of the respondent and dismissed the execution petition. The Decree Holder has filed the present revision petition questioning such orders.

(3.) The point for consideration in this revision is whether the respondent is a small farmer and entitled to the benefits of Act 45/1987?