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1984 Supreme(Mad) 404

SATHAR SAYEED
K. Al. Rm. Rm. Alagappan – Appellant
Versus
Rajaguru and Co. – Respondent


Advocates Appeared:K. T. Palpandian, G. Jeremiah, Advocates.

Judgment :-

The above revision is filed by the judgment-debtor-petitioner herein (fourth defendant in the suit) questioning the correctness of the order of the executing Court in E. P. 197 of 1983 in O.S.21 of 1978 on the file of the Additional District Munsif, Madurai Town, dt. 2-3-1984.

2. It appears from the facts of the case and also as argued by the respective counsel appearing for the parties that the respondent herein obtained a decree against the petitioner herein in O.S. 21 of 1978 on the file of the Sub Court, Pudukottai. Thereafter, the decree-holder filed E. P. 197 of 1983, under O.21 Rr.22, 37, and 38 C. P. C. seeking arrest of the fourth defendant-petitioner herein. It was contended by the petitioner herein that the decree-holder-respondent cannot execute the decree against the petitioner as per the terms of the agreement Ex. B. 1. It is on this ground it was contended by the judgment-debtor that he is not entitled to pay the decree amount nor is he liable to be arrested.

3. The executing Court, considering the validity of Ex. B. 1, held that Ex. B. 1 is not a registered document nor are their witnesses to this agreement entered into by the parties. Therefore, in so far




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