A.ALAGIRISWAMI, D.G.PALEKAR
Ram Lal – Appellant
Versus
Piara Lal Gobindram – Respondent
A.ALAGIRISWAMI, J.
(1) THIS is an appeal by certificate against the judgment of a division bench of the Punjab High court in a Letters Patent Appeal.
(2) THE question for decision in this appeal depends upon the interpretation of clause (ccc) added to the proviso to Ss. (1) of S. 60 of the Code of Civil Procedure by Punjab Relief of Indebtedness Act 7 of 1934 as amended by Punjab Acts 12 of 1940 and 6 of 1942 exempting from attachment:
"ONE main residential-house and other buildings attached to it (with the material and the sites thereof and the land immediately appurtenant thereto and necessary for their enjoyment) belonging to a judgment-debtor other than an agriculturist and occupied by him: Provided that the protection afforded by this clause shall not extend to any property specifically charged with the debt sought to be recovered."
The facts giving rise to this appeal are as follows. The appellants are two brothers and their sons. They constituted a firm called Jahangiri Mal Kalu Ram. On 19/11/1956, they were declared insolvents and the Official Receiver took possession of all their properties including the building in dispute. On 21/11/1956, the appellants f
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