CH BRAHMAIAH Vs. T GANGANNA

JUDGEMENT

(1.) The petitioners herein are the L.Rs. of the deceased petitioner-lst respondent.The petitioner-lst respondent is one of the Judgment-debtors in O.S.No.397/68 on the file of the 1st Addl. District Munsif, Tanuku. He had mortgaged his residential house amoung other properties for securing the loan of Rs.4,783-85 ps. on 10-12-1957. The first respondent herein filed the suit for recovery of the amount by sale of mortgaged property. A preliminary decree was passed in this suit on 5-11-1968. Thereafter a final decree was also passed on 12-8-1969. The'first respondent herein filed E.P.No.126/78 for sale of the mortgaged properties. The deceased petitioner-lst respondent filed objection to the executability of the decree and the sale of the building occupied by him by claiming benefit of Section 60 (1) (c) C.P.C The heirs of the judgment-debtors also claimed that they were small farmers and were entitled to the benefit of Act 7 of 1977.

(2.) The decree-holder-lst respondent herein examined two witnesses as P.Ws.1 and 2 and the 3rd judgment-debtor examined himself as R.W.I and Exs.A-1 to A-10 were marked through witnesses.

(3.) On a consideration of the evidence on record, the Executing Court over- ruled the objection raised by the petitioner-lst,respondent that item No.l of E.P.Schedule was exempted from attachment arid sale u/s. 60 (1) (c) C.P.C. and that he was entitled to the benefits of Act 7 of 1977 and ordered that the E.P. be proceeded with. The correctness of the order is assailed in this C.R.P.