MUKH RAM Vs. HARDEEPSINGH

JUDGEMENT

(1.) ORDER :- This is a judgement debtors revision against the order of the learned Munsif, Ganganagar, dt. 26-11-1983 directing the detention of the judgement-debtors-petitioners in civil prison for two months each for the non-payment of the decretal amount.

(2.) It appears that a decree for Rs. 9258/- plus interest total amounting to Rs. 10,700/- was passed by the Debt Relief Court, Sriganganagar, against the present petitioners on 19-4-79. The decretal amount was made payable in three instalments namely Rs. 4400/- on 9-7-1979, Rs. 3000/- by 9-7-80 and the remaining amount by 9-7-81. On default of any of the instalments, the judgement-debtors were to pay interest at 4% p.a. The judgement-debtors did not pay any amount towards the decree and therefore, the decree-holders applied for execution of the decree on 16-7-1982, by committing the were purposely avoiding the payment. On this, a notice under O.21, R.37 C.P.C. was issued to the judgement-debtors and they filed their objections. After taking the evidence of the parties, the learned Munsif came to the conclusion that the judgement-debtors had about 25 bighas of land, which was capable of yielding Rs. 25,000/- approximately p.a. and income was shared by three be others including the two judgement-debtors and thus the judgement-debtors had means to pay the decretal amount but had not paid the amount and, therefore, he directed their detention in prison.

(3.) I have heard the learned counsel for the petitioners. The non-petitioner has not appeared despite service.