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1971 Supreme(All) 86

K.B.ASTHANA
Mathura Prasad Sharma – Appellant
Versus
Parmeshthi Das – Respondent


Advocates:
Ambika Prasad and K.N. Saxena, for Appellant; M.P. Singh, for Respondent.

Judgement

ASTHANA, J. :- A decree for arrears of rent amounting to about Rs. 5,000/- and odd including mesne profits and interest was sought to be executed against the judgment-debtor-appellant by his arrest and detention in Civil prison, under Section 51 (b), C. P. Code. The decree-holder had obtained a decree on 16-11-1968 for eviction of the defendant-judgment-debtor from a house and for recovery of arrears and mesne profits. On 27-11-1968, only ten days after, the decree holder put the decree in execution and applied for the arrest of the judgment-debtor in so far as the recovery of the arrears and mesne profits were concerned on the allegation that the judgment-debtor had means to pay the amount of the decree but refused or neglected to pay the same. Since the judgment-debtor had already vacated the house, the decree was partly satisfied. On a notice having been sent to judgment-debtor he filed an objection to the effect that he had no means in his possession to pay the decretal amount. The learned Munsif on the evidence on record found that the judgment-debtor was working as a Textile agent earning an income of about Rs. 15,000/- a year but he had not saved any amount, was hig






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