Falshaw, J. - (1.) This is an appeal under Clause 10 of the Letters Patent against the decision of Bishan Narain J. accepting an execution first appeal setting aside the order of the lower Court by which the judgment-debtor's objections were accepted and the release of the property in dispute from attachment was ordered.
(2.) The facts are that a decree for Rs. 11,000/-odd was transferred from Delhi to Ambala for execution. Some houses and a shop belonging to the Judgment- debtor were attached. Various objections were raised on behalf of judgment- debtors, including one based on Section, 31 of the Displaced Persons (Debts Adjustment) Act 70 of 1951. The relevant portion of Section 31 reads- "31. Section 60 of the Code of Civil Procedure 1908 shall, in relation to the execution of any decree for a debt against a displaced person (whether passed before or after the commencement of this Act), have effect, an if- (1) for Clause (c) of the proviso to Sub-section (1), the following clauses had been substituted, namely:-- * * * * * (ccc) one main residential house and other buildings attached to it (with the materials and the site? thereof and the land immediately appertaining thereto and necessary for their enjoyment) be longing to a judgment-debtor other than an agriculturist and occupied by him. * * * * (3) after Clause (p), the following clauses had been inserted namely;-- * * * * (r) so muck of any other property of the judgment-debtor as constitutes the means of his livelihood and as is likely, in the opinion of the Court, to yield to him an income of not less than two hundred and fifty rupees a month: * * * *"
(3.) The executing Court found that the judgment-debtor was a displaced person and that the property attached and sought to be sold yielded an income of less than two hundred and fifty rupees a month, and he therefore held that the judgment-debtor was protected by Clause (r) set out above. He accordingly passed an order releasing the property from attachment;