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2002 Supreme(Mad) 493

A.RAMAMURTHI
Sri Dhanalakshmi Chit Funds Private Limited, through its Managing Director, Lakshmana Pillai, S/o. Vallinayagam Pillai, Kovilpatti – Appellant
Versus
Muthuraj and another – Respondent


Advocates:
T.Ravikumar, for Petitioner.
S.Ponsenthilkumar, for Respondents.

ORDER: The revision petitioner is the decree-holder in E.P. No.5 of 2000 in C.S. No.1 of 1999 on the file of District Munsif, Kovilpatti. The decree-holder obtained a decree against the respondents for recovery of a sum of Rs.14,037. The revision petitioner also filed execution petition to arrest the second respondent. The second respondent was owning a house bearing Door No.28 in 5th Street, V.O.C. Nagar, Kovilpatti and according to the decree-holder, the judgment-debtor is earning more than Rs.10,000 per month and he had got means to pay the same.

2. The second respondent, however, filed a counter and stated that he had no means to pay the decree amount. He had also sold the house property under Ex.B-1 and he is earning only Rs.30 per day and hence he is not able to pay any amount.

3. The learned District Munsif on the basis of the evidence as well as the documents, dismissed the execution petition filed by the decree-holder and aggrieved against this, he has come forward with the present revision petition.

4. Heard the learned counsel for the parties.

5. It is not in dispute that the revision petitioner obtained a decree against the respondents. The revision petitioner filed executi









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