BYREDDY GOVINDA REDDY Vs. TALANAKULA SURESH BABU

JUDGEMENT

(1.) This application is directed against the judgment and order dated 29th November, 1997 passed by Sri Y. Ganapathi Rao, District Munsif, Kanigiri, Prakasam District, in E.P. No.2 of 1997 arising out of O.S. No.166 of 1993 whereby and whereunder he allowed an application filed by the decreeholder-opposite party to arrest and to put the petitioner in civil prison for the purpose of realization of the decretal amount.

(2.) The sole question which arises for consideration was as to where the petitioner herein was a small farmer within the meaning of the provisions of Acts 7 of 1977, 45 of 1987 and 2 of 1990.

(3.) Both the parties examined them selves. The petitioner herein had proved the Ryotwari Passbook which was marked as Ex.R-1. From a perusal of the judgment under revision, it does not appear that the decreeholder had been able to prove that the petitioner herein is not a small farmer within the meaning of the provisions of the said Act. The learned Trial Judge held that