A GOVINDAN Vs. K K GOVINDA RAJAN

JUDGEMENT

(1.) In this Civil Revision Petition, the judgment debtor challenges the order passed by the executing court rejecting his application for exemption from attachment and sale of his immovable property under clause (c) of the proviso to sub section (1) of Section 60 of the Code of Civil Procedure.

(2.) A money decree was passed against the petitioner herein on 12-4-1991. Immovable property having an extent of 21 cents was attached before judgment on 26-10-1990, Execution Petition was filed in the year 1991. In the Appeal filed by the revision petitioner against the decree, the High Court granted stay of execution on condition of furnishing security for the decree amount. The revision petitioner offered the property in question (which was attached before judgment) as security. In the application filed by the judgment debtor to receive security, he stated that he was eking out his livelihood from earnings as a driver.

(3.) In the counter dated 20-12-2001 filed by the judgment debtor in the Execution Petition, he stated that the land value of the property sought to be sold was Rs. 1,05,000/- and that the market value of the property with improvements would be Rs. 1,30,000/-. Decree was for a sum of Rs. 33,504/- and the amount claimed in the E.P. was Rs. 45,359/-.