PARVATHY ANTHERJANAM Vs. INDIAN BANK ERNAKULAM

JUDGEMENT

(1.) This is an appeal arising from execution proceeding in O.S. No. 252/82 on the file of the Sub Court, Kottarakkara. The appellants are the petitioners-judgment debtors in Execution E.A. 12/89. The respondent is the assignee decree holder. The original decree holder is the Bank of Thanjavoor Limited which was later amalgamated with Indian Bank, with effect from 20.2.1990. The decree was assigned to the Indian Bank thereafter.

(2.) In O.S. No. 242/82 a decree has been passed for realisation of Rs. 75,774 together with interest. The defendants 1 to 5 are jointly and severally liable for the aforesaid amount. In execution proceeding the decree holder filed an application for attachment of 8 items of immovable properties belonging to the original judgment debtors 1 to 5. That application was allowed. The 4th judgment debtor in the meanwhile died and his legal heirs were impleaded as judgment debtors 6 to 11.

(3.) The contention raised by the 5th judgment debtors was that he was an 'agriculturist'. The same plea is advanced by his legal heirs. It is pointed out that item 1 of the property is liable to be exempted under S.60(1)(e) of the Code of Civil Procedure. Under the said provision the. following properties shall not be liable to attachment or sale in execution of a decree.