MEHTAB SINGH Vs. VIITH ADDITIONAL DISTRICT

JUDGEMENT

(1.) Heard learned counsel for both the parties.

(2.) The writ petition was dismissed for want of prosecution on 4.9.2008, thereafter restoration application was filed which was allowed on 17.5.2013 and thereafter arguments of learned counsel for both the parties on the merit of the writ petition were heard and judgment was reserved.

(3.) Atar Singh father of respondent no.3 since deceased and survived by respondent no.3 obtained a decree against Nepal Singh father of the petitioners 1,2, and 3 and husband of petitioner no.4, since deceased and survived by the petitioners. Thereafter, the decree was put in execution in the form of Execution case no.16 of 1979. Immovable property belonging to Nepal Singh was sold in Execution of the decree and purchased by respondent no.4, Baleshwar on 6.9.1980 for Rs.2000/- Nepal Singh filed objections under Section 47 C.P.C. claiming that the property sold was gher used for agricultural purposes and for tethering the cattle and his main source of income was agricultural hence gher was exempted from attachment and sale by virtue of Section 60(1)(c) C.P.C. The objections were rejected on 7.12.1983 by Munsif Hawali, Meerut (objection had been registered as Misc. case no.132 of 1980 Nepal Singh Vs. Atar Singh). Against the said order petitioners filed Civil Revision no.9 of 1984. 8th A.D.J. Meerut, dismissed the revision on 12.1.1990, hence, this writ petition.