SARDARMAL Vs. KASTOORA RAM

JUDGEMENT

(1.) THIS revision petition is directed against the order dated 19th May, 1979, passed by the learned Munsif, Jalore in Execution Case No. 444 of 1974.

(2.) BRIEFLY stated the facts of the case are that non-petitioner Kastur Ram mortgaged his house to the petitioner vide registered-deed dated 12th March, 1970 and, the house was thereupon given on rent to the non-petitioner at the rate of Rs. 50/-per month. A suit for recovery of rent was filed by the petitioner against the non-petitioner and on compromise the suit was decreed and later on an execution petition was filed for the recovery of rent amounting to Rs. 2084. 25. In the execution proceedings, the decree-holder petitioner got attached the house situated in Jalore, A notice for auction of the house was served under Order 21 Rule 66, C. P. C. The non-petitioner filed a petition contending that the house is not attachable under Sec. 60 (c), C. P. C. as the said house is being used for keeping agricultural material. The learned Munsiff, Jalore after recording the evidence and appreciating the contentions raised by both the parties released the house from attachment. Consequently, this revision petition has been filed.

(3.) IN view of the above discussion, I am of the view that the house of the judgment-debtor is not liable to be attached in Execution Case No, 444/1974. The revision petition is accordingly dismissed and the order of the executing court is affirmed. The parties shall bear their own costs. .