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1991 Supreme(AP) 22

I.P.RAO
T. Vasanthamma – Appellant
Versus
Pattan Usman Saheb – Respondent


IMMANENI PANDURANGA RAO, J.

( 1 ) THE short question that falls for consideration in this revision petition preferred by the decree-holder is whether the executing court has got jurisdiction to direct payment of the decretal amount in instalments in an execution petition filed for arrest of the judgment-debtor.

( 2 ) THE petitioner herein obtained a decree for Rs. 23,000/- against the respondent-judgment debtor and filed E. P. No. 79 of 1990 for arrest of the judgment debtor alleging that as an employee in A. P. S. R. T. C. he is drawing a salary of Rs. 1,500/- per month but is evading to pay the amount. The judgment debtor came forward with an untenable defence that the decree-holder has accepted to receive the decree amount in instalments of rs. 100/-per month from November, 1989 ; that he has accordingly paid the instalments of Rs. 100/-per month till February, 1990 and that thereafter, the decree-holder refused to receive the instalments. He has also stated that he has to maintain a big family of seven members consisting of all daughters ; that he is the only bread winner of the family and that as such he has no means to pay the decretal amount in a lumpsum.

( 3 ) THE decree-hol





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