LAWS(P&H)-1990-4-83

BABU RAM ALIAS BABU DASS Vs. BUDH SINGH

Decided On April 20, 1990
BABU RAM ALIAS BABU DASS Appellant
V/S
BUDH SINGH Respondents

JUDGEMENT

(1.) This revision is by Babu Ram, judgment debtor against order dated August 12, 1989 passed by Sub Judge, Nabha, dismissing his objections filed in the execution.

(2.) Budh Singh had filed a suit for specific performance of agreement and in the alternative for recovery of Rs. 6,666/-. Ultimately the suit was read for the recovery of the amount as above. In execution of the decree one house belonging to the judgment-debtor was attached and the judgment debtor filed objections that the house was exempt from attachment, he being an agriculturist under section 60(1)(c) of the Code of Civil Procedure. Other objections were also taken which were denied by the decree-holder in reply. In all the following five issues were framed :-

(3.) Section 60 of the Code of Civil Procedure provides for attachment of the properties of the judgment-debtor and sale in execution of the decree. Proviso (c) reads :-