9911796707
TMI Blog1950 (10) TMI 15X X X X Extracts X X X X X X X X Extracts X X X X ..... pting the objections of the J.D. that the property sought to be sold in execution was a house used for residential purposes of the J.D. and was therefore exempt from attachment and sale in execution of a decree. ( 2. ) Radha Kishan, the present J.D. obtained a decree against Hari Singh and in execution of that decree he had some property of Hari Singh sold which was purchased by Agha Mohammad S ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... original purchaser, appld. to the executing Court for the return of his purchase money. Nothing seems to have been done for some time and ultimately he applied for recovery of his money by attachment and sale of the property bearing Khana shumari No. 1264 situate in Chowk Nimak Mandi, Amritsar. An objection was raised that this particular property was a residential house and therefore, under Sect ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ouse. As I have said before the witnesses and the J.D. have deposed on both that the property is being used for the purposes of residence of the J.D. and his family. As against this there is the evidence of four witnesses produced by the judgment -creditor, Muzaffar Ali P.W. 1 who produced copies from Municipal record showing that the nature of the property was a shop with upper storeys. Tek Chand ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... poses of the exemption. In this case there is evidence to show that the whole building is being used for the purposes of residence and even if there is a shop on the ground floor it cannot be said that that alone will convert it into something different from a residential house. I, therefore, hold that the property in dispute is a residential house within Section 60, Code of Civil Procedure and th ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
