PADARTHI SAMBASIVARAO Vs. GUDURU KOTESWARARAO

JUDGEMENT

(1.) This appeal by the decree-holder arises out of an application filed by some of the legal representatives of a judgment-debtor under clause (c) of the proviso to sub-section (1) of section 60, Civil Procedure Code, seeking exemption from the sale of a property that was attached during the life-time of the judgment-debtor.

(2.) In execution of the decree for money in Small Cause Suit No. 49 of 1957 on the file of the Subordinate Judge's Court, Guntur, the appellant proceeded to attach the property in question, a site with a thatched house and a tobacco barn standing thereon. There was no objection raised to the attachment during the life-time of the judgment-debtor. After his death, the right to the property has devolved on three sons and two daughters who survived him. Two of the sons of the deceased filed the application that has given rise to this appeal, objecting to the sale of the property, on the ground that they are in sole occupation thereof for agricultural purposes and that it belongs to them. Their application was allowed by the Subordinate Judge and that decision was confirmed by the District Judge.

(3.) Before the learned District Judge, it was contended that the sisters of the petitioners as also one of the brothers were not agriculturists and that in any event, no exemption in respect of the sale of the shares held by them could be recognised. In dealing with this contention, the learned District Judge observed :