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2014 Supreme(Ker) 742

K.HARILAL
RAMAN NADAR CHANDRAN – Appellant
Versus
PONNUMUTHAN NADAR RAJU – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: SRI.V.SUNIL KUMAR (PANACHAMOODU)

JUDGMENT

The petitioner and the respondent are the judgment debtor and the decree holder respectively in E.P.No.222/01 in O.S.No.500/99 on the files of the I Additional Munsiff's Court, Neyyattinkara. The said suit, for realisation of money, was decreed allowing the respondent to realise a sum of Rs.30,000/- with interest from the petitioner. The above application was filed by the respondent herein to execute the said decree, by arrest and detention of the petitioner in the civil prison. According to him, the petitioner has refused to pay the decree debt, though, he has sufficient 'means' to pay the same. He has got monthly income of Rs.5,500/- from sale of agricultural products and milk. The petitioner filed an objection raising the plea of 'no means'. The petitioner contended that he is a casual labourer and he gets only Rs.150-160 per day as wages. His wages cannot be taken into account, in calculating his means, and the said income is the sole livelihood of his family. The respondent/decree holder was examined as P.W.1 and the petitioner/judgment debtor was examined as D.W.1. The Execution Court, after considering the oral evidence of both parties, rejected the contentions of th






























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