INDER SINGH Vs. F MUNSHI RAM RAM SARUP

JUDGEMENT

(1.) This execution second appeal undersection 100 read with section 47 of the Code of Civil Procedure has been filed by the judgment debtors and is directed against the appellate order of the Additional District Judge, Delhi dated 16th September 1967 by which the learned Judge affirmed the finding of the trial court dated 16th April, 1966 in respect of issue No.6, but set aside its order dismissing all the objections and remanded the case to the lower Court for adjudication upon the remaining objections of the judgment debtor.

(2.) The facts of the case lie in a narrow compass. On 13th June, 1933, a decree for payment of Rs 4,400.00 with further interest and costs was passed in favour of Munshi Ram Sarup (decree-holder respondent before me) against the judgment-debtor, which amount I am informed now stands at more than Rs. l2,000.00. Badri Singh, original judgment-debtor, died on 13th October, 1940 and was succeeded by his Sons who are appellants before me. In execution of the decree, the decree-holder respondent purported to attach the amount of compensation payable to the Judgment-debtors in respect of about 909 bighas of land which had been acquired by the Government and Rs. 4,49,869/4/ were awarded as compensation out of which about, Rs. 1, 56, 620.00 were lying undisbursed. On 22nd August, 1959, the judgment bebtors filed their objections against attachment of the aforesaid amount of compensation and the main ground was that the house in respect of which the attached compensation had been determined to be payable was ancestral house of the deceased-judgment-debtor and was exempt from attachment and sale under section 9 of the Punjab Debtors Protection Act, since the parties are governed by custom. There were other objections also which are not material for purposes of this appeal and the said objection is the one that arises for my decision.

(3.) On the pleadings of the parties, a number of issues were framed and the relevant issue No. 6 reads as follows :- Is the compensation payable to the judgment-debtor exempt from attachment if it is presumed that the land in respect of which that compensation is payable, was exempt from attachment ?"