M BALARAJAN Vs. M NARASAMMA

JUDGEMENT

(1.) This revision is filed by the Judgment Debtor No. 1 questioning the orders of the lower Court in O.E.P.No. 4 of 1992 in O.S.No. 195 of 1985 on the file of the Subordinate Judge, Srikalahasthi, by which the lower Court held that item No.1 of the E.P, schedule was liable for sale for realising the decree amount.

(2.) The respondent, who is the wife of the petitioner, had filed the suit and obtained decree for maintenance against the petitioner who is her husband. She subsequently filed O.E.P.No. 4 of 1992 seeking sale of the item Nos. 1 and 2 of the E.P. schedule over which charge was created in the decree. The petitioner, who is the judgment debtor, contested the said execution petition contending that item No.2 is a "Darakasthu land" and he does not have any title to the same and as such it is not liable for sale. Regarding item No. 1, he contested the execution petition contending that he is an agriculturist and he is keeping his agricultural implements in item No. 1 house and the said house is therefore exempted under Section 60 C.P.C. The lower Court agreed with the contention of the judgment debtor relating to item No.2 but negatived his, contention relating to item No. 1 holding that he is not proved to be an agriculturist as defined in Section 60 C.P.C. and item No. 1 is therefore liable to be sold for realisation of the decree amount. Execution Petition was accordingly allowed relating to item No. 1 and the decree-holder was permitted to proceed with the sale of the said property. The present revision petition is filed questioning such orders of the lower Court relating to item No. 1 of the E.P. schedule property.

(3.) Notice was issued to the respondent but she remained absent. Hence the Counsel for the petitioner is heard.