DHANNA SINGH Vs. BHAGWANT KAUR

JUDGEMENT

(1.) THE judgment debtor has filed this petition under Article 227 of the Constitution of India for setting aside the order dated 25.1.2007 passed by the Executing Court whereby the objections filed by the petitioner against the attachment of the shop in question on the ground that the said attachment is against the provisions of Section 60(1)(ccc) of the Code of Civil Procedure, have been dismissed.

(2.) IN this case, undisputedly, a decree for the recovery of Rs. 1,55,000/- along with interest has been passed against the petitioner. In execution of the said decree, the shop in question measuring 4660 sq. ft. was attached. The petitioner filed objections to the effect that the said shop is part of his residential house, therefore, the same cannot be attached in view of the provisions of Section 60(1)(ccc) of the CPC. The Executing Court dismissed the said application while observing as under :-

(3.) IN Brij Mohan Lal's case (supra), it has been held by the Full Bench of this Court and "thus, where the ground floor of a residential house is used and occupied by judgment-debtor (insolvent) himself for purposes of business and only the remaining first and second floors thereof are used and occupied for purposes of residence, in such a case the whole residential house becomes the main residential house of the insolvent under Section 28(5) of the Act and as such is exempt from attachment and sale under Section 60(1)(ccc) of the Civil P.C. and is consequently exempt from vesting, in the Insolvency Court under Section 28(2) of the Act."