DUGGIRALA BALARAMA KRISHNAYYA Vs. AROKAPUDI JAGANNADHA RAO

JUDGEMENT

(1.) This revision petition was referred to division bench by a single judge as it raised a legal question of substantial importance. The facts are not in controversy and they may be stated as follows:- The respondent obtained a money decree against the revision petitioner on the basis of a pronote in O.S. No. 75 of 1969 on the file of the principal District Munsif, gudivada. The decree holder filed E.P. No. 100/71 and the Judgment-debtor after making certain payments filed the present application out of which the above civil revision petition arose claiming exemption of his house from attachment. The courts below held that the revision petitioner is an agriculturist and the residential house is exempted from attachment but held that he waived the objection as to the non-availability of the house from attachment within the meaning of S. 60 (1) proviso (c) of civil P.c. The said view of the courts below was canvassed by the revision petitioner.

(2.) The learned single Judge referred the above revision tot he Bench in view of the Judgment of the Supreme Court in Union of India V. J.C. Funds & Finance, AIR 1976 Supreme Court 1163 which held that the provisions of S. 60 (1) (g) and (k), C.P.C relating to exemptions of stipends, gratuities and compulsory deposits under provident funds Act from attachment based on public policy, makes reconsideration of the judgment of this Court in santakumari v. Suseeladevi, AIR 1969 Andh pra 355 necessary.

(3.) It is necessary to state at the outset that S. 60 C.P.C is amended by the amending Act 104 of 1976 enlarging S. 60 (1) proviso (c) exempting the 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 or a labourer or a domestic servant and occupied by him. The new definition enlarged the applicability of the said provision to labourers and domestic servants also. Sub-sec. (1-A) was added to S. 60 C.P.C stating that