LAXMIDHAR SAHU Vs. PADMINI TRIPATHY

JUDGEMENT

(1.) Decree-holder is the petitioner in this Civil Revision under S.115, Civil P.C.

(2.) Judgment-debtors are the widow and two minor sons of deceased Harisadan Tripathy who made a contract with the decree-holder to sale a piece of property for consideration of Rs. 37,000/- and received advance of Rs. 20,300/- as part consideration. Before execution of the sale deed, Harisadan expired. Therefore, decree-holder had to file suit against the widow and the two minor sons of Harisadan for specific performance of contract or in the alternative for refund of the consideration amount with interest. Suit was decreed for refund of consideration of Rs. 20,300/- received with interest at 6% per annum from the date of contract till repayment. In decree, it was directed that in case, the amount is not paid within two months, decree-holder can realise the amount by executing the same.

(3.) Decretal amount not having been paid, decree-holder levied execution and prayed for realisation of the amount by attaching the salary of judgment-debtor No. 1, the widow who is a lecturer in Ramadevi Women's College, Bhubaneswar. Judgment-debtor No. 1 filed an objection alleging amongst others that the decretal amount cannot be realised from her salary which can be realised from the assets left by the deceased Harisadan which she and her two minor sons inherited. Executing Court having accepted the said objection of judgment-debtor No. 1, decree-holder has filed this Civil Revision.