V NAGESWARA RAO Vs. K VENKATA SUBBA RAO

JUDGEMENT

(1.) This appeal arises out of execution proceedings. The decree-holder obtained money decree against the judgment debtor sometime in 1952. In execution of that decree he filed execution petition No. 75/64 and attached the judgment debtor's land in question. It was inter alia contended by the judgment-debtor that the land under attachment was carpentry service inam land and that it was protected from attachment and sale under section 5 of Madras Act III of 1895. The executing court negatived that contention and ordered the execution to proceed further.

(2.) Judgment-debtor appealed against that order to the District Court at Guntur. The learned District Judge confirmed the finding and the order made by the executing court and dismissed the appeal.

(3.) It is that appellate order which is challenged by the judgment-debtor in this C.M.S.A.