THANKAPPAN Vs. CATHOLIC SYRIAN BANK

JUDGEMENT

(1.) THE question that arises for decision in this revision is mainly whether a Carpenter earning daily wages will come under the classification 'labourer' entitled to the benefit of exemption under S. 60 (1) (c)of the CPC.

(2.) 1. 75 Ares of land along with the residential building and appurtenances thereto wherein the 1st judgment debtor in O. S. No. 431/93 is residing was proclaimed for sale. The motion was opposed on the ground that the properties are exempt under S. 60 (1) (c) of the C. P. C. The court below considered the question and found that he is not an agriculturist or a labourer entitled to protection under the said Section. It was directed that the execution proceedings be continued as proposed.

(3.) 'labourer', according to the Merriam Webster dictionary, is a person who does manual labour or work for wages. The term 'skill', under the same dictionary means developed or acquired ability and the word is synonymous with craft, dexterity, expertise, know how etc. According to the Oxford dictionary, a manual worker is a workman and the term'skill' means talent, expertise, aptitude, adeptness, mastery, dexterity, proficiency etc. Labourer is a person who earns his daily bread by personal manual labour. Carpenter is hence a skilled labourer in so far as he does work on timber, constructs houses etc. for daily wage using his skill. There is no doubt at all therefore that a carpenter, like agriculturists and other manual labourers, is also entitled to protection under s. 60 (1) (c) of the C. P. C. The fact that the petitioner has not been working for some time does not alter his status.