RAHIMA BEEVI Vs. KERALA FINANCIAL CORPN

JUDGEMENT

(1.) The Kerala Financial Corporation (for short 'the Corporation') filed an application before the Additional District Judge, Mavelikkara for an order of sale of certain items of properties in realisation of a sum of about 2 and half lakhs of rupees due from the appellant and another person. The properties include 43 cents of land and the building thereon which have been mortgaged by the appellant with the Corporation as security for the loan granted to an industrial concern. These mortgaged properties are attached by the lower court as per an order passed on I. A. No. 468 of 1979. The main application was resisted by the appellant on many grounds of which the relevant one is that the mortgaged properties are not liable to be attached and sold in realisation of the loan amount. The basis for the said contention is that, according to the appellant, she is an agriculturist as envisaged in S.60 of the Code of Civil Procedure (for short 'the Code'). All the contentions of the appellant were repelled by the learned District Judge and he ordered the properties to be sold for recovery of the amount due with interest. The claim of the appellant that she is an agriculturist did not find favour with the learned District Judge. This appeal is against the aforesaid order.

(2.) The contention of the learned counsel for the appellant is that the court below has erred in holding that the appellant is not an agriculturist. But the main point which requires to be considered in this appeal is whether, even assuming that she is an agriculturist, the mortgaged properties are not liable to be sold in proceedings initiated under the Kerala Financial Corporation Act, 1951, (for short 'the Act'). According to the appellant's counsel, an agriculturist is entitled to the protection of the proviso to S.60 of the Code which provides that "houses and other buildings (with the materials and the sites thereof and the land immediately appurtenant thereto and necessary for their enjoyment) belonging to an agriculturist" shall not be liable to attachment or sale.

(3.) S.60 of the Code is included in Part II of the Code dealing with the provisions for execution. The main title given above a fasciculus of sections starting with S.60 is 'attachment'. The commencing words of S.60 are as follows: