CHALLA RAMAIAH Vs. DESU GURUVAIAH

JUDGEMENT

(1.) The decree-holder filed E.P, No. 170 of 1984 in O.S. No. 466 of 1981 on the file of the Principal District Munsif, Nandyal, under Order 21, Rule 66 of the Civil P.C. for realisation of the decretal amount by selling the E.P. schedule immovable property i.e. residential house. The judgment-debtor raised an objection that he is an agricultural labourer and he has noother property except the residential house and it is not liable to be attached and sold under Section 60, CPC and the E.P. has to be dismissed.

(2.) On behalf of the decree-holder, three witnesses were examined and similarly three witnesses were examined on behalf of the judgment-debtor. The learned District Munsif considering the evidence found that the judgment-debtors family is not owning any agricultural lands, that the judgment-debtor is a mason by profession, that he is getting Rs. 2.V- per day and he is not entitled to the benefit of Section 60. C.P.C. The District Munsif disbelieved the evidence of P.Ws. 2 and 3 as there are no merits in their evidence and overruled the objections. Against that order, the judgment-debtor preferred the present revision.

(3.) The contention of the learned counsel for the judgment-debtor is that under Section 60(c) read with Explanation IV to the section, the decree-holder is not entitled for the attachment and sale of the residential house in execution of decree for the amount that has been claimed by him. Section 60(1)(c), C.P.C. and Explanation IV to the Section read as follows: