FIRM GANGA RAM KISHORE CHAND Vs. FIRM JAI RAM BHAGAT RAM
HIGH COURT OF PUNJAB AND HARYANA
FIRM GANGA RAM KISHORE CHAND
FIRM JAI RAM BHAGAT RAM
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(1.) EXECUTION First Appeal No; 151 of 1956 was presented in this Court by Firm ganga Ram Kishore Chand Judgment-debtor-appellants against firm Jai Ram bhagat Ram decree-holders. The decree-holders had obtained a decree for recovery of Rs. 6,830.
(2.) THE other appeal Execution First Appeal No. 206 of 1956 was presented in the court of the District Judge, Ferozepore, from which Court, it has been transferred to this Court In this case a decree was passed in favour of Nauharia Ma! respondent for a sum of Rs. 2,707/ on the 12th January, 1955. As the judgment-debtor in both execution first appeals is the same, and the property under attachment is identical, the two appeals can be conveniently disposed of by the same judgment. The house under attachment is a three storeyed building situated in Moga Mandi. The two upper storeys are admittedly used for residential purposes, and are in the occupation of judgment-debtors and the members of their families. As regards the purpose, to which the ground floor is put, there is a conflict between the respective versions of the parties. The judgment-debtorsappellants maintained, that after the failure of their business several years ago, the ground floor ceased to be used as a shop and the rooms behind were not used as store rooms. After 1948, the judgment-debtors contend, that even the portion that was at one time being used as shop, was occupied for residential purposes.
(3.) THE judgment-debtors have raised ob-jections to the attachment of this property in execution of the respective decrees on the principal ground that under provisions of Section 60 (ccc) of the Code of Civil Procedure; as applicable to punjab, one main residential house and other buildings attached to it belonging to a judgment-debtor other than an agriculturist and occupied by him are not liable to attachment or sale in execution of a decree.;
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