KOLLAPUDI GOVINDAMMA Vs. MANDRU BULLEMMA

JUDGEMENT

(1.) This appeal has been brought against the judgment of Mr. Justice Chandra Reddy (as he then was) affirming an order made by the lower appellate Court, refusing execution against the respondent.

(2.) The decree that was sought to be executed was one passed against the respondent in O. S. No. 65 of 1951 on the file of the District Munsifs Court, Tenali. It is unnecessary to enter in to the history of that litigation; it is sufficient to state for the present that the decree was for recovery of a sum of Rs. 1800.00. against the estate of one Subbaiah alias Prakasam in the hands of the respondent. Subbiah died about twenty five years ago leaving him surviving his son, Siviah, and his widow, Bullemma (respondent). Siviah died about fifteen years ago and on his death, the respondent succeeded to her sons estate. The plaintiff-appellant applied for attachment of two items of property -- a house and 60 cents of land. The respondent objected to the attachment on a two-fold ground: (1) that she is an agriculturist, that the house is in her occupation and therefore it is exempt both from attachment and sale and (2) that the land could not be attached and sold as it does not belong to that class of property to which the provisions of section 53 of the Code of Civil Procedure are applicable.

(3.) The Court of first instance upheld the respondents objection with regard to the house, and there the appellant allowed the matter to rest. So far as the land is concerned, the first Court negative the objection raised by the respondent. The objection, however, found favour with the lower appellate Court. In A. A. A. O. No. 68 of 1953* Mr. Justice Chandra Reddy, on a construction of the relevant provisions of the Code of Civil Procedure, affirmed the decision of the Subordinate Judge.