DALJIT KAUR Vs. UPKAR SINGH AND ORS.

JUDGEMENT

(1.) IN execution of the Award dated 5.6.1999 of the Motor Accidents Claims Tribunal (hereinafter mentioned as the Tribunal) for recovery of Rs.1,34,400/ - with interest @ 12% per annum from the date of application i.e. 17.8.1994 with costs, after the death of Jagir Singh (for short, the JD), his house is sought to be attached. Legal heirs of JD Jagir Singh tooth and nail opposed the application of decree -holder Smt. Daljit Kaur (for short, the DH) for attachment of the property i.e. house of JD Jagir Singh.

(2.) TO decide the rival claims of the parties, issues which were framed by the Executing Court are given on the next page:

(3.) IN this revision petition, it has been claimed by the DH that the protection under Section 60(1)(ccc) of CPC whereby the residential house is not attachable, is available to the JD alone and not to his legal heirs. It is, thus, claimed that the order suffers from inherent defect and is legally untenable. Counsel for the DH has claimed that since protection of Section 60(1)(ccc) of CPC is not available to the legal heirs of the JD and thus, reversing the impugned order, this revision petition is liable to be accepted.