NIRESH CHANDRA DAS Vs. PARESH CHANDRA ROUTH

JUDGEMENT

(1.) THIS is a miscellaneous appeal arising out of an execution proceeding. The respondent obtained a decree against the appellant and in execution of that decree he attached the tenancy right of the appellant, The appellant has a right under a lease to remain in possession of certain premises on payment of monthly rent. This right of the appellant is sought to be attached and sold in execution of the decree. An objection was raised by the judgment -debtor that this is not a property which is liable to be attached under Section 60, Civil Procedure Code. The objection was repelled by the Subordinate Judge and the present appeal has been filed against that order.

(2.) THE main question is whether under Section 60 of the Civil Procedure Code the right of the appellant to remain in possession of the house as a tenant is liable to be attached or sold in execution of the decree or not. Section 60 of the Civil Procedure Code provides that any property which is saleable can be attached in execution of a decree. The question therefore to be considered is whether the appellant's right to remain in occupation of house as a tenant is a property and the next question that will have to be considered is whether it is saleable or not. Section 105 of the Transfer of Property Act provides that "a lease of immovable property is a transfer of a right to enjoy such property, made for a certain time, express or implied, or in perpetuity, in consideration of a price paid or promised, or of money, a share of crops, service or any other thing of value, to be rendered periodically or on specified occasions to the transferor by the transferee, who accepts the transfer on such terms."

(3.) I agree.