K. Vijayakumar vs N. Gururaja Rao on 13 April, 2004
4. Ex. A-1 -encumbrance certificate shows that the judgment debtor owns one acre of land, which was mortgaged to Primary Agricultural Cooperative Society, Aagarru Village, but the decree holder did not produce any documentary evidence that the judgment debtor is having house property and 0.40 cts. of dry land. Judgment debtor having admitted that he is having one acre of land and mortgaged the same got filed counter without any fairness saying that he is working as cooli. Hence, he is not entitled to take protection as held by this Court in K. Vijaykumar v. N. Gururaja Raoy, and in Y. Saratchandra v. Lakshminarasimha Finances, and accordingly he is liable for arrest and detention for determination of decretal amount.