NEELAVVA Vs. KAREPPA

JUDGEMENT

(1.) This is a decree-holder's revision against the order dt.26-8-80 passed by the Munsiff, Jamkhandi in Ex.Case No. 9/80 allowing I.A.2 and rejecting I.A.3.

(2.) The Decree-holder is the wife of JDr. No.1, JDr.No.2 is the brother of JDr.No.1. The DHr. filed a suit against her husband for maintenance. Lower Court awarded maintenance at the rate of Rs.30/- per month. She filed an appeal. In that appeal the maintenance was raised to Rs.40/- per month. JDr.No.1 also filed an appeal against the award of maintenance of Rs.30/-. It was dismissed.

(3.) It is undisputed that the present house item No.3 and some other properties were charged in the decree itself with maintenance of the DHr. She sued out execution case No.9/80, claiming arrears of maintenance from JDr.No.1. She sought the recovery of the said amount by sale of the right, title and interest of JDr.No.1 in suit item No.3 house. Notice under O.21, R.66 proposing to sell 1/3rd share in the house was published. Thereafter, the sale was held. Thereafter JDr. raised a contention that it was an agricultural house which was exempt under S.60 CPC. The DHr. denied the same. The lower Court allowed the application IA.2 filed by JDr. No.1. under S.60. Hence the revision by the DHr.