FIRM MANSA RAM BABU RAM Vs. GANGA SINGH

JUDGEMENT

(1.) This is a decree-holders appeal against an appellate order of District Judge Bhagat Singh confirming the order passed in execution by Mr. Manohar Singh, Subordinate Judge, Hoshiarpur, dismissing the decree-holder's application for execution.

(2.) Briefly stated, the facts of the case are that firm Mansa Ram Babu Ram obtained a money decree for Rs. 1,900/- on the 29th of April 1943 against Ganga Singh and Ran Singh, two brothers, who are Tanks by caste. Two houses and two vacant sites were attached in execution of the decree and the judgment-debtors made an application to the Debt Conciliation Board, Hoshiarpur, under Section 9 of the Punjab Relief of Indebtedness Act, 1934, for the settlement of their debt. The execution proceedings were suspended on the 3rd of July 1943 on intimation having been sent by the Board to the executing Court.

(3.) On the 1st of October 1943 the decree-holder applied for revival of execution proceedings as no settlement had taken place between the parties before the Board. But this application was dismissed in default on the 4th of October 1948. In the meanwhile on the 11th of September 1948 the Debt Conciliation Board gave its decision and issued a certificate which, according to the learned District Judge, ordered that the decree-holder was not competent to execute his decree till the month of Har. Sambat 2015 (corresponding to June 1958). On the 5th of October 1948 a fresh application for execution was filed by the decree-holder and notice was issued to the judgment-debtors who raised two contentions, i.e., that the decree could not be executed before June 1958 because of the order of the Debt Conciliation Board dated the 11th of September 1948 and that the houses under attachment were exempt from attachment and sale because of the provisions of Section 60 (1) (ccc) of the Code of Civil Procedure by virtue of which one residential house and other buildings attached to it belonging to a person, who is not an agriculturist, and occupied by him, are exempt frpm attachment and sale in execution of a decree.