THE HON'BLE SRI JUSTICE M.S.RAMACHANDRA RAO CIVIL REVISION PETITION No.1905 of 2014 Date: 02-07-2014 Between :-
K.Mustak Ahammad Khan.
… Petitioner.
And S.Khaleel Basha … Respondent.
Counsel for the petitioner : M/s. S.Lakshmi Prameela Counsel for respondents : --
This Court made the following :-
THE HON'BLE SRI JUSTICE M.S.RAMACHANDRA RAO CIVIL REVISION PETITION No.1905 of 2014 ORDER:
This Revision is filed challenging the order dt.02-06- 2014 in E.P.No.88 of 2012 in O.S.No.25 of 2009 of the Senior Civil Judge, Penukonda.
2. The petitioner herein is Judgment Debtor. A suit for recovery of amount in O.S.No.25 of 2009 had been filed by respondent against petitioner. It was decreed on 30-06-2012. Thereafter E.P.No.88 of 2012 was filed by respondent for recovery of a sum of Rs.4,96,088/- under Order XXI Rule 11 and Order XXI Rule 37 of C.P.C.
3. In the said E.P, it was contended by respondent that the petitioner was working as Telugu Pandit at Z.P. High School, Guttur, Penukonda Mandal, that he was drawing salary of Rs.20,000/- p.m. and although he has means and capacity to pay the E.P. amount, he has failed to do so and therefore he should be detained in a civil prison till the E.P. amount is realized.
4. The E.P. was opposed by the petitioner stating that he did not own movable or immovable properties and that except his salary as a teacher in a Government school, he has no other means. It is stated that he has to maintain his wife, minor children and aged mother from his salary and has to discharge some debts which were incurred for the treatment of his mother. He pleaded that if he is detained in prison, he would lose his job and his family members may be put to loss and sufferance.
5. The respondent/D.Hr. examined P.Ws.1 and 2.
They deposed that the petitioner has means to pay the E.P. amount and that the petitioner had sold a house site at Kadiri for Rs.10,00,000/- and also received Rs.15,60,000/- as salary from 2004 to 2014. The petitioner was examined as R.W.1 and he admitted that he received a total salary of Rs.15,60,000/-from 2002 to 2014 as teacher; that he owns and possesses a house at Kadiri, which was sold for Rs.5,10,000/- in 2008; that another house at Kutagulla was also sold apart from a house site. It was suggested to petitioner that the house at Kutagulla was sold for Rs.10,00,000/-, and other house and site were sold for Rs.30,00,000/-.
6. The trial Court in its order dt.02-06-2014 held that even though he was drawing salary from 2002 to 2014, he did not pay any amount to the D.Hr, that after selling the houses and house site, the money was spent by petitioner for other purposes and therefore the petitioner was having capacity to pay the E.P. amount, but was unwilling to pay it. It also held that he was working as Telugu Pandit in Z.P.High School and getting salary of Rs.30,000/- p.m. It therefore directed that the petitioner be detained in civil prison for realization of the E.P. amount.
7. Challenging the same, this Revision is filed.
8. Although it is contended by the learned counsel for petitioner that petitioner had no means to pay E.P.
amount of Rs.4,96,088/-, considering the fact that the petitioner is employed as Telugu Pandit in Z.P. High School and getting a salary of Rs.30,000/- p.m. and also considering the fact that he had sold away his properties i.e., 2 houses and a site, the sale deeds of which have not been filed before the trial Court to show how much the amount he has received from the sale of these two houses and site. I hold that petitioner has means to pay the E.P. amount but is avoiding to do so. It is clear that the petitioner has disposed of his properties in order to avoid the execution of the decree, secreted the monies received from the sale of his immovable properties and is falsely pleading his inability to pay the E.P. amount. Therefore, I do not find any merit in the Revision.
9. One month time is granted from today to the petitioner to pay the entire E.P. amount, failing which he shall be detained in civil prison for realization of the E.P. amount.
10. The Civil Revision Petition is disposed of with the above directions at the stage of admission. No costs.
11. Miscellaneous applications pending if any, in this Civil Revision Petition shall stand closed.
JUSTICE M.S.RAMACHANDRA RAO Date: 02-07-2014 vsv