LAXMAN BHAT Vs. SUBBANNA BHAT

JUDGEMENT

(1.) This is a revision by the decree holder against the order dated 9-1-1985 passed by the Munsiff, Karkala, in Execution Case No. 252 of 1982 dismissing the execution.

(2.) The decree holder filed O.S. No. 107 of 1978 against the defendant on the foot of the mortgage and obtained a preliminary decree on 31-8-1981 and thereafter obtained a final decree. As the judgment debtor did not pay the money due under the mortgage decree, the decree holder sued out the present execution for the recovery of the mortgage amount by the sale of the mortgage property.

(3.) The judgment debtor contended that he was an agriculturist within the meaning of Sec. 60(1) C.P.C. and that the property brought to sale was his only residential house with the land appurtenant to it and that therefore it was not liable to be sold.