RAM LAL Vs. PIARA LAL GOBINDRAM

JUDGEMENT

(1.) This is an appeal by certificate against the judgment of a Division Bench of the Punjab High Court in a Letters Patent Appeal.

(2.) The question for decision in this appeal depends upon the interpretation of clause (ccc) added to the proviso to sub-s. (1) of S. 60 of the Code of Civil Procedure by Punjab Relief of Indebtedness Act 7 of 1934 as amended by Punjab Acts 12 of 1940 and 6 of 1942 exempting from attachment -

(3.) The Trial Court held that:".........the entire building consists of two distinct units, the one opening in the chowk of the mandi being distinct business premises as a shop while the other structure on the back there of is exclusively a residential house. The unit which is a shop has the main hall which has two apartments on account of the arched columns in the middle, and the kotha immediately behind the said hall. I consider this kotha to be an integral part of the shop because there is no indication at the spot that it was an essential part of the residential house. To the contrary, the Staircase leading from the hall on to the roof of that kotha and the steps from the roof on that kotha leading to the roof of the hall and to the room on a portion thereof, show that the said kotha is an integral part of the Shop itself. The two units being the property of the same persons naturally we would expect connecting doors between these two units."