GANESHLAL Vs. MAG

JUDGEMENT

(1.) BY this appeal under Section 18 of the Rajasthan High Court Ordinance, 1949, the appellant, who is judgment -debtor, questions the correctness of the judgment dated April 10, 1975, passed by the learned single Judge of this Court, by which he dismissed the appeal filed by him.

(2.) FACTS leading to this appeal may succinctly be stated: The decree -holder -respondent obtained a decree against the judgment -debtor -appellant on January 28, 1963 for Rs. 11,812/ -and odd. That decree was confirmed in appeal by this Court. The decree holder -respondent levied execution for the realisation of the amount and applied for attachment of the houses of the judgement debtor. He filed an objection that as he is an agriculturist, the attached houses are not liable to attachment and sale under Section 60(1)(c), C.P.C. The objection was dismissed by the executing court by it order dated October 21, 1967 holding that he (judgment -debtor -appellant) is not an agriculturist.

(3.) WE have heard Mr. Rajendra Mehta, learned Counsel for the appellant and we had no advantage of hearing any person on behalf of the respondent though service was effected on him.