OLLALA AMBIAH Vs. AVADHANULA MALLANNA
HIGH COURT OF ANDHRA PRADESH
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Chandra Reddy, C. J. -
(1.) This is an appeal, under Clause 15 of the Letters Patent, against the judgment of Sanjeeva Row Nayudu J., reversing that of the Subordinate Judge, Karimnagar, overruling the objections raised by the respondent to the attachment of a cattle shed, a house and some agricultural lands.
(2.) In order to appreciate the contentions urged in this appeal, it is necessary to state a few material facts. The appellant obtained a decree against the respondent in O. S. No. 30/1 of 1953-54 and, in execution of that decree, attached a cattle shed in the village of Gummanur, a house situated in Manthena and agricultural lands (3 acres wet and 10 acres dry) belonging to the judgment-debtor and situated in the Gummanur village. The judgment-debtor filed objections to the attachment on the allegations that the shed and the house in question Tell within the exemption contemplated by Section 60 C. P. C. and that the agricultural lands could not be sold in execution of a decree of Civil Court by virtue of Section 47 of the Hyderabad Tenancy and Agricultural Lands Act, XXI of 1950 (hereinafter referred to as the Act).
(3.) The trial Court overfilled these objections and directed the execution to proceed.;
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