BHAGWAN RAM Vs. GANESH RAM AND ORS.

JUDGEMENT

(1.) IN this revision petition, the point involved is this, whether the house which was attached by decree -holder in execution of the decree could not be attached by virtue of Section 60(1)(c) of the Code of Civil Procedure. This provision reads as under:

(2.) IN Gowrana and Another v. : AIR1975Kant84 ; it has been held that so long as the houses and other buildings belong to an agriculturist and are occupied by him, the agriculturist is entitled to the exemption Under Section 60(1)(c) and this exemption does not seem to be subject to any other condition. It was further held that it is not correct to say that this provision applies only in cases where it is shown to be necessary for him to occupy the house for the purpose of cultivation of his lands. This Court had occasion to examine the provisions of Section 60(1)(c) of the Code of Civil Procedure in Suraj Bhan and Ors. v. Krishna Behari and Ors., ILR 1953 Raj 359. The original judgment -debtor was not an agriculturist but his legal representatives were agriculturists. It was held that in Order to exempt houses and other buildings from attachment and sale by virtue of Section 60(1)(c) CPC on the ground that they belong to an agriculturist and are occupied by him. The status of the original judgment debtor has to be his own and not of legal representative.

(3.) IN Shrimant Appasaheb Tuljaram Desai and Ors. v. : [1961]2SCR163 which has been relied upon in the Gujrat's case (supra), the main question was whether the person whose Wada had been attached was an agriculturist or not. It was observed that the appellants could not be said to be agriculturist mainly dependent for their maintenance on tilling the soil and they were unable to maintain themselves otherwise. The meaning of 'agriculturist' in sub -clause (c) was said to be the same as used in clause (b). Considering that the appellant in the case was not an agriculturist: the Wada in question which was used for storing the produce and keeping the implements was not held to be exempt from attachment.