KARTAR SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS petition has been directed against the order of the Executive Court, i.e., Senior Sub Judge, Ferozepur dated 20.2.1987, whereby the objection petition filed by the petitioners in execution proceedings has been dismissed.

(2.) IN an arbitration between the Union of India and firm M/s Daffedar Bhagat Singh and Sons, the Union of India obtained an award for Rs. 52,322-43P. on 26.11.2001. This award was made the rule of the Court. As the award was made a rule of the Court at Faridkot, the decree was transferred for execution to the Senior Sub Judge, Ferozepur. In the objection petition filed by the judgment debtor on 22.8.1985, it was pleaded that house No. 157(P), which was sought to be attached for recovery of the decretal amount, was the only residential house belonging to the partners of the firm, who were the sons of Kartar Singh and Dhian Singh of M/s Daffedar Bhagat Singh and wife of the pre-deceased son of Daffedar Bhagat Singh, Gobind Kaur and as such the attachment of the aforesaid house was barred under Sub-clause (ccc) of sub- clause (i) of Section 60 of the Code of Civil Procedure. This objection petition was dismissed by the impugned order and it was held that as the aforesaid house had been purchased for the funds of the firm, it in fact belonged to the firm and not to the objectors and secondly that Manmohan Singh son of Kartar Singh, one of the objectors, owned another property No. 151, situated nearby, it could not be said that this was the only property belonging to the judgment debtor and, therefore, exempted from attachment.

(3.) MR . Anil Sharma, the learned counsel representing the respondent-Union of India has supported the reasons given by the Executing Court.